ABSTRACT
In this chapter, we explore conceptual and substantive questions about whether nonstate entities censor. Our prime examples are shopping malls and social media companies. We argue that they can censor and, at least sometimes, they may do so. On our account, one agent censors another when it intentionally suppresses, denies, or withholds some liberty to express or otherwise communicate. Censorship is a success term. Instances show varying scopes and degrees. We defend a position we call stringent private rights to exclude. We do so by canvassing three leading objections to this position: The Town Square Objection, the Argument from Equal Status, and the Appeal to Historic Injustice. We argue that such objections either fail or must meet a high argumentative burden before undermining stringent private rights to exclude. Such objections must overcome the rejoinder that there are substitute communication venues available and/or that restricting rights to exclude is arbitrary. We conclude by discussing emergency exceptions to our position.
