> who gets to decide that list The courts, obviously. As the law stands today, you can't sue FB for closing your account for a perceived violation of their ToS

> who gets to decide that list The courts, obviously. As the law stands today, you can't sue FB for closing your account for a perceived violation of their ToS (you can maybe sue, but you'll lose); with different laws you could sue, and the matter would be decided by judges. The fundamental problem is that companies like FB consider user-generated content as a free resource, much like a river onto which they build dams to make money from its flow. But speech is fundamentally free (and, arguably, public property); the medium it uses to express itself shouldn't get to regulate it.