Thus, this lawsuit does not implicate Twitter’s right to regulate its public forum to prevent legitimate instances of obscenity, harassment, threats, and abuse, so long as these rules are written and enforced in a viewpoint-neutral manner. Instead, it raises the issue of whether Twitter can create an online public forum, and then once the public forum becomes near ubiquitous, arbitrarily and discriminatorily ban users from its platform due to Twitter’s disagreement with a speaker’s viewpoint, political beliefs, and perceived political affiliations.
