I think the issue is that the town square that the first is supposed to protect doesn’t exist anymore. The town square is now Twitter, and valid or not, the de-platforming of a lot of conservatives is going to have a lasting backlash against tech companies.
I wouldn’t be surprised to see GOP resurgence in 2022, along with another very real attack on section 230.
With the town square metaphor: while you cannot be prosecuted for what you say in the square, you can be persecuted by your civilian peers; folks may stop speaking to you, or begin informing others of your nature.
Twitter et al booting persons from their services is the neighbour slamming their door in your face, or the baker refusing to do business with you.
The town square is tcp/ip, not the services on top of it.
Twitter is not the town square since real town squares are owned by the State. They are public spaces for all and, let me point out, that you usually need a permit to speak or have a rally. So they are not that free as everyone thinks.
Twitter is more like a mall owned by a large corporation and while there is some trouble there, they will kick people off the property that are too offensive. If you try to start an insurrection at a mall, you will be kicked out and banned.
It is in Twitters and mall owners best interest to start insurrections on their properties because there will be ramifications for allowing that to happen, that is not good for business.
I wouldn’t be surprised to see GOP resurgence in 2022, along with another very real attack on section 230.