Twitter is not a government agency. They are not making speech illegal. They are not bound by the 1st Amendment. They are attempting, poorly, to enforce their terms of service and act responsibly.
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And I think an oft-overlooked point as well is that the First Amendment is but one of many such laws at play, as each state often has its own Constitutional free speech protections, which may be broader than the Federal.
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Either way, I am looking forward to hearing the arguments in whatever case eventually bubbles it's way up, assuming that Section 230 / DMCA rewrites don't happen first, mooting the point.
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