Not sure if that distinction applies here. I understand that the 1st amendment doesn't protect you from a company refusing to publish what you've said - that makes sense. But this is a case of a company attempting to use commercial law (created by the government) to cause someone else to stop their speech. That seems like a simple violation of the "Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech"
But idk because i'm not a lawyer and we have copyright and ip laws so clearly congress can pass SOME laws that prohibit speech. Free speech absolutism is weird to me
In this case, it is really GitHub’s company policy which is being applied, right? They aren’t required to host anything in general, and they have a policy of taking down repos based on their interpretation of the DMCA, or some similar law (which might be a misinterpretation).
But idk because i'm not a lawyer and we have copyright and ip laws so clearly congress can pass SOME laws that prohibit speech. Free speech absolutism is weird to me