[SmokingJoe]

Well, I don't think that's been established in court,

It has.

but it's probably not even important in the case of FB, Twitter and YouTube because every user agrees to the TOS

TOS has nothing to do with it. If they lose their 230 no TOS is going to protect them.

[semimojo]

It has.

Cite?

If they lose their 230 no TOS is going to protect them.

So in addition to stripping their property rights we're eliminating their ability to make a contract?