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Facebook, the government, twitter, they all already arbitrate what speech is/isn’t protected. In the case of twitter/facebook, it’s the digital public square and the government is in the physical public square, for now.

One problem with this is that people do not have as much potential recourse through Facebook and Twitter as they might through the courts.

The penalties are different too. You might be facing a ban from Fb/twitter instead of prison time/fines from the courts.

Having skepticism in the arbiters of what is/isn’t protected speech is critical. We should be skeptical of them and challenge them if we think they are wrong. Organizations, like the ACLU, exist for this reason, to protect our rights.