> Over two decades ago, our state Supreme Court concluded that a privately owned shopping center that attracts large numbers of people to congregate in order to shop and take advantage of other amenities offered by the shopping center is the functional equivalent of the traditional town center, which historically is a public forum where persons can exercise the right to free speech. ( Robins v. Pruneyard Shopping Center (1979)
Further, the Supreme Court has found that putting a website on the internet grants a wide variety of privileges to the people using it. Specifically speaking, the Supreme Court held that if websites such as Linkedin make pages publicly accessible they can't use the legal system to stop access of those pages that they don't like- specifically, they can't stop bots from scraping by suing to get them to stop.
So if we're talking free speech I'm not sure we can count a website as private property in the sense you're talking about, and whether it would even matter if we could.
In addition, what the Supreme Court found in HiQ Labs vs LinkedIn in regards to obtaining publicly available information says nothing about pinging a website too death until its offline. We're both quite capable in separating the two.
Canaries are everywhere and real.
And the slippery slope is a real problem, no matter how much people call it a fallacy. As we’ve seen countless times in history, the distance from viewing some group as less deserving of freedom than you, and actively persecuting them is short.