I don't disagree. But what you (or the prior posters) are saying is that the law should prevent companies from trying to optimize for the best user experience. If only showing things in time-order is "safe" for the company, but filtering out spam becomes "unsafe", then I as a consumer am forced to endure a crappy experience for solely legal reasons. Neato.
Any "editorial algorithm", by the standards you have put forth, can be abused.