Surely one can be guilty not only by a deliberate act but also by a deliberate omission. In other words, they become complicit once it can be shown they are aware of the offending account/posts and choose not to act?
Section 230 protects, “interactive computer services” from liability. The thought is that Twitter is such a service. I would argue that Twitter, while providing the service, also provides capability that is not within the definition of an interactive computer service. It is this portion that is creating the most issues. I don’t if anyone has attacked it on this basis but it would be interesting.