[ashtonkem]

You are either wildly misrepresenting what the courts have said, or repeating a lie that someone else has told you. In either case, please stop doing that.

Yes, there are circumstances where the courts have found that private actors have crossed the line into acting like the government (“state action”) and therefore have to follow rules set for the government. But they’ve only done this for private actors that have literally built an entire town and run it like the government. The seminal case in this area was about whether or not the first amendment applied in a company town (Marsh vs. Alabama).

The courts have never found that anything anywhere close to AWS falls under state action. Not only have they not did that, but they’ve said that state action only applies in cases where companies perform functions that are “historically the exclusive domain of governments”, such as running towns. Given that providing web hosting has neither been a government responsibility, nor has it been exclusively a government responsibility, there is a 0% chance that the courts would apply state action to a company like AWS.

There is also no interest by any member of the court to expand state action, liberal or conservative. The last case on the issue saw dissent based not around state action, but whether or not the private actor in question had taken over a contract that constrained them (a private actor bought a former public tv channel). The dissent wouldn’t even cover a case covering AWS.