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People who think this is a free speech issue wrt Rackspace are confused about how the first amendment works. The right to free speech, is not the right to a platform from which to speak. This was the law-of-the land before the internet even existed.

Back before Craigslist killed classified, news papers absolutely had terms which specified which content they would or wouldn't run.

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The "constitutional" aspect (if there is one) isn't the issue, though. The issue is whether I, you, or anyone else, wants a web host that takes down web sites it disapproves of. A web host can take down websites for misusing apostrophes, if it is entitled to by contract (if there's a broadly drafted term in the contract, this might even be possible in the real world, not just hypothetically). But would you want to do business with them?

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