In addition to what Brian said, there is this legal argument at 1:45
I’ve heard the public forum vs. “editorial control” in the form of censorship argument before. Not sure that it holds water though.
A media outlet certainly controls what it’s writer’s publish. But do they control or edit what people put in the comments section?
Likewise, a platform like Twitter does not create the content, it is all created by the users. Banning someone for something that is against the law is a pretty common and basic usage rule. Does that equal “editorial control”? It doesn’t seem like it.
Let’s go further. Suppose the platform is called “Democrats Unite”, and the content is created by users. Now suppose that Republicans go there and post press releases from all GOP members of Congress, and other assorted GOP politicians. Should that be allowed? Is it ”editorial control” to not only ban those who advocate illegal activities, but also ban those who are from the “competition”?
The biggest problem is that Twitter has never called itself “The Leftist Ideology Echo Chamber”. If they had done that from the beginning, would there be an issue right now? Instead, Twitter explicitly called itself an open public forum, and with that as the premise, fully took over that market niche. Nearly every politician, pundit, musician, business, celebrity, tv personality and newscaster created and promoted an account on the open, “free speech” Twitter platform.
Now they seem to have decided that they want to be “The Leftist Ideology Echo Chamber”. This is the root issue at hand. Should they do that? Is this a violation of any law? Should this be a violation of law?
Add to that the fact that the industry as a whole seems to be working to prevent competition, exemplified by Microsoft threatened to close down Twitter’s right wing competition “Gab”.
How involved is government? At that point, the applicability of the First Amendment does come into play.