Marsh was not the public square. It was the sidewalks of random streets. The company that owned them explicitly did not intend for them to be a public square.
In contrast, the historical statements of Twitter make it very clear that they intended to be the public square, e.g. "free speech wing of the free speech party." Additionally, the assertions and decisions of the state in regards to social media indicate massive influence over politics that far exceeds any city street. They say people are denied their rights of free expression because Trump blocked them on Twitter, and that Russia successfully manipulated our elections because a few Russians bought a tiny amount of Facebook ads.
> It was the sidewalks of random streets. The company that owned them explicitly did not intend for them to be a public square.
Sidewalks of random streets are considered to be "the public square" in US law (broadly because random streets are usually publicly owned. You need things like gates and signs and such to revoke such an assumption). The Marsh v. Alabama ruling relied on the fact that the town didn't try to make its streets un-square like, and in fact encouraged public square-like use!
> In contrast, the historical statements of Twitter make it very clear that they intended to be the public square, e.g. "free speech wing of the free speech party."
You will be hard pressed to take a single statement, made by a minor executive who acts outside of US jurisdiction, in 2012, as superior to the actual user agreements that Twitter has (and had at the time) in the US.
In contrast, the historical statements of Twitter make it very clear that they intended to be the public square, e.g. "free speech wing of the free speech party." Additionally, the assertions and decisions of the state in regards to social media indicate massive influence over politics that far exceeds any city street. They say people are denied their rights of free expression because Trump blocked them on Twitter, and that Russia successfully manipulated our elections because a few Russians bought a tiny amount of Facebook ads.