Re: Musk’s decision to suspend some journalists, purportedly because they shared an account that posts his flight info. From a legal perspective, it doesn’t matter how strong his rationale is. And he could do this even without Section 230. This is First Amendment. He could wake up tomorrow and decide that he wants to suspend the accounts of all mainstream media reporters. He has the 1A right to do so. It wouldn’t be great for ad revenues, but it’s a business decision and not a legal one.

Section 230 procedurally makes it harder to bring claims arising from such decisions, but those claims would eventually fail anyway. The legal regime anticipates unpopular moderation decisions eventually being punished on the free market and not in court.