Do you not believe that people can stand on a public street corner and express their ideas freely, where many people will likely see and hear them? Your examples are edge cases (court rooms at midnight) that seem designed to suggest that no such places exists. They do exist, and I am asking where is there online version. Are you suggesting that the only way to exchange free speech online is for each passerby to create their own website and respond on their respective websites? I've seen people claim voter suppression for fewer hurdles. Or are you suggesting that it is the responsibility of a private entity to create and maintain a public square?
Where is the online public square? That's the point I am trying to make. And as others have pointed out, if you think having domain name and hosting is a public square, then you are ignoring all of the precedents of those things being removed by private entities.
>Do you not believe that people can stand on a public street corner and express their ideas freely, where many people will likely see and hear them?
The Government can restrict you on the street corner too. Take Covid, states/counties/cities/municipalities across the country are enacting curfews, so violate the curfew and they will arrest your chilling your speech...assuming you consider that an edge case as well, then just read the case law from the good old "soap box" days, which deal exactly with people setting up their soap boxes on the corner to talk to the public and yes the government can regulate that speech to a certain extent.
>Are you suggesting that the only way to exchange free speech online is for each passerby to create their own website and respond on their respective websites?
Do you have a website? Can I freely post on your website without your consent?
>Where is the online public square?
The web is the public square, you want to set up your own soap box (website) do it, but you have no right to take over someone else's soap box (website), and if they do give you some rights to stand on their soap box they certainly can place restrictions.
>if you think having domain name and hosting is a public square, then you are ignoring all of the precedents of those things being removed by private entities.
You are ignoring self hosting from private servers.
The online "public square" is the internet itself. If you want to say something in public, simply create a web site and publish it. My understanding is that anything you say on your own web site will be protected via the same laws as public speech.
Where is the online public square? That's the point I am trying to make. And as others have pointed out, if you think having domain name and hosting is a public square, then you are ignoring all of the precedents of those things being removed by private entities.