In the case of shadow banning, you haven't kicked them off your property. You're asking them to stay while you earn ad money from their attention.
See the linked tweet for a more lawyerly argument in defense of shadow banning. The question before the court may hinge upon whether or not shadow banning expresses a message.
See the linked tweet for a more lawyerly argument in defense of shadow banning. The question before the court may hinge upon whether or not shadow banning expresses a message.