Comment by nfw2
10 days ago
agreed generally, but one could argue that if a company is going to claim impunity for damages for a statement made on their platform because they are operating as a "virtual town square" rather than as a publisher, then they are obligated to permit speech in a way that is congruous with how a public space operates.
That approach sounds promising at first, and I'm interested in exploring it. But it seems to me as though it's not the tool which would allow unpopular groups to hold conversations without interference.
When meeting in an actual, physical town square, a group like the Jezebel.com commenters (or to pluck a group from elsewhere on the political spectrum, second amendment activists) doesn't have the right to be free from criticism. They could hold a rally there, or they could protest other groups, but they don't have the right to shut down those who would protest civilly against them.
What unpopular groups need is a private forum where they can congregate and exercise their right to freedom of association by excluding those who would disrupt their activities.