Yes. If you were running a news stand, should you be sued if one of the magazines you're selling ends up inspiring a riot? If you refused to sell a certain maga

Yes. If you were running a news stand, should you be sued if one of the magazines you're selling ends up inspiring a riot? If you refused to sell a certain magazine should people be able to sue you or otherwise force you to stock their paper? Freedom from compelled speech is the default. Requiring people or organizations to host speech is the exception, and is limited to things like utilities and cigarette health warnings. Making Facebook or Twitter a utility is very coarse grained. They would have to allow all legal speech. They wouldn't be able to ban users for nudity or porn, or explicitly espousing Nazism (actual Nazism, not the much more expansive post 2016 definition of "Nazi"). Both of these things are legal in the US, and a utility would have to permit them. If social media is made a utility, then social media is going to become 8chan. That's why I think it makes the most sense to apply utility status at the infrastructure layer not the application layer. Social media companies can still moderate, people on the fringes can spread their message on niche applications or on sites they build themselves.