Criminal threats are possible, sure.
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Except if you're a platform provider, the distinction becomes a little harder.
Twitter vs. any Amazon seller of megaphones vs. Mailchimp vs. the beat cops who have to make decisions about what goes in public spaces...
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The megaphone seller does have an easy way out: once sold, they no longer have any influence on the product (unless some idiot made it an IoT megaphone, in which case any buyer deserves for it to be remotely shut down and turned into a mining bot).
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And if the cops decide based on whims and feelings, rather than laws and guidelines, they are already a problem themselves. Likewise, Twitter or facebook should not do so. And their ToS, quite frankly, are designed to protect corporate interests, rather than the users.
End of conversation
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