Yes. That's what they did. They couldn't address the due process claim because it was poorly argued at first instance and the 'proper' formulation was not addre

Yes. That's what they did. They couldn't address the due process claim because it was poorly argued at first instance and the 'proper' formulation was not addressed as it was not raised earlier. Then they went off and used all the same administrative law principles under different names in the 1A analysis after concluding that a facebook page could be a public forum.