Regarding “The Death of the Public Forum in Cyberspace” piece; I agree with the author that the government shirked its duties by leaving private companies in charge of ensuring and in encouraging the outright chilling (Sec. 230 of the CDA) of citizens’ First Amendment protected speech.
But, I’m not sure that private regulation of private spaces,
even though they seem like public forums, should insure First amendment rights
over an ISP’s Terms of Service.
Despite the fact that it was previously held by the government, private property is private property, even on the internet. As much as users dislike that their speech is bound by rigid Terms of Services Agreements, rather than the First Amendment, those are the terms they agreed to.