People need to stop acting like Twitter is supposed to act as an organ of the US government.
People need to stop acting like Twitter is supposed to act as an organ of the US government.
If you walk into my bar and start screaming racist nonsense, I am well within my rights to ask you to leave the bar, and I do not have to let you back in. That doesn’t also suddenly make me liable for the nonsense you spewed.
The entire point of section 230 is to enable editorial control so long as you aren't the content creator/submitter without the kinds of civil liability tied to “publisher” status otherwise, for both platforms and users on those platforms who are empowered to act in ways which have editorial impact.
And a one-sentence “you can't do X and Y” isn't really a substantive argument against Section 230.
Your understanding is wrong. They receive liability protection for editorial decisions as a means of removing the disincentive for them to exercise editorial control that would otherwise exist.
Nope, publishers often (sometimes with explicit notice to avoid doubt) publish things they disagree with because they think there is value in publishing it. They often also exercise their free speech/press rights to not publish other things they disagree with, even if they are submitted to them for publication.
It would be, except for Section 230’s explicitly carveout of most civil liability as a publisher for online publishers (whether other users or platform operators) to the extent they are moderating/curating user-generated content, rather than producing/submitting content.
The act of choosing to use (or not use) ones resources to relay speech is, yes, an act of free speech (or perhaps more precisely free press, though the two are generally treated as a single right under the name “speech” for most purpose).
> Twitter is not an editor
It is, except for some civil liability purposes because of the specific Section 230 carveout for curated/moderated content which is user generated, a publisher. The choice to publish content, or not, is a speech/press act.