March 6, 2020). Second, Twitter is neutral with respect to viewpoint; it is a platform on
which the users publish their views.2
C.
Finally, the dissent argues that because the Account was created as a personal
one in 2009 it cannot now be a public forum. Dissent at 11. As I mentioned, the
dispositive consideration is not what the Account may have been in the past, but what it
is now. Consider another recent tweet:
Section 230 of the Communications Decency Act explicitly allows social media websites
(among others) to filter and censor content posted on their platforms without thereby becoming
a ‘publisher.’ 47 U.S.C. § 230(c)(1) (“No provider or user of an interactive computer service shall
be treated as the publisher or speaker of any information provided by another information
content provider”). Understood correctly, Forbes thus underscores the accuracy of the panel’s
analysis.
2
10