The argument that I pose is not to demand that web sites have to be "neutral", nor any government oversight. My argument is a simple one, which is that web sites exert such editorial control, clearly not done in good faith, they have changed from 'platforms' into 'publishers', and it is on this basis that Section 230 no longer applies by them.
You should stick with an argument. You said, "by exercising
politically biased and politically driven censorship" they are violating the law. Nothing in the law requires a site to be "unbiased" and we obviously have a 1A right to be politically biased, as do organizations. If the 1A doesn't protect that, it's failed in its role in a free society as nothing can be more sacred than our right to be "biased" against the GOVERNMENT.
Now you way it's they moderate in "bad faith" which is a different claim, and it's also hopelessly subjective.
Good faith is a subjective term, and unfortunately the law requires something more than an opinion, that you don't LIKE how they exert their editorial control. This place in "good faith" ban hammers trolls and racists, which likely looks like bad faith from those who were banned or dinged, but good faith from most of ours. And I recognize that it doesn't matter what I think of the rules - when I get dinged I apologize, thank the mods for doing a good job, which I believe is true, and move on. If I object, too damn bad - they get to enforce the rules as they see fit.
They can make whichever choice they wish to make.
Neither the law nor the 1A requires them to make the choice you demand....
Twitter has been a sewer and a cesspool by the end of their first week in operation.
You missed the point entirely, and I have to assume deliberately. The key part of that sentence is, "The problem is
every website, including this one, exert editorial control."
And I have family who were on the management team for moderating FB. The people who do that job on the line suffer all the signs of PTSD because of the horrific garbage, animal cruelty, child abuse, rape, killings, beatings, maimings, etc. that people around the world upload to FB, and these people get a steady stream of it all day, day after day, week after week, some of the most horrible things we can imagine according to him, and he wasn't joking. I'm sure that's true of Twitter as well, so it's not really a joking matter. There is no option other than to moderate like crazy on those sites, or else "sewer" is a kind term of what they will become. It's a sick world, full of sick people.
None the less Twitter and Facebook have become the new defacto public square.
In the public square, there's a place for everyone to put posters. Along comes Twitter and Facebook and decide which posters they like and can leave up, or which posters they don't like and take down?
'defacto public square' isn't a legally definable term. They ARE private businesses. They are NOT public, so not a public square. And private businesses in fact can decide what posters they like and leave up on their property.
What you are suggesting is, as far as I can tell, literally a desire to socialize private businesses. It's an odd argument for a conservative...
If your argument is they're too big and should be broken up into little pieces, I agree, but that's a different argument, and it traces back to our decision roughly in the Reagan era and since that we need not and should not really enforce anti-trust law.
FWIW, I also do not believe FB and Twitter actually fear doing away with 230 at this point. If it happens, those harmed like in many cases will be I expect the smaller players who cannot write better terms of service, make the agreement to post there an explicit agreement you sign off on many times as necessary to affirmatively agree they can do what they want, for any reason, etc. as a condition, force you to check that box or you don't get to play, make you do it every month if you need to, etc. It's a lawyer problem and they have the best lawyers.