To connect this to politics, and 'conservative v. liberal' on this forum, both the Fifth Circuit panel I discuss here and the Eleventh Circuit panel which reached the opposite conclusion were made up of three conservative judges; the Fifth Circuit reached the 'absolutist' position (no First Amendment right to moderate content) 2-1 (Oldham, Jones v. Southwick) and the Eleventh Circuit reached the opposite conclusion 0-3 (Newsom, Tjoflat, Carnes). I think we can safely say at the Supreme Court level that the three liberals will not reach Andy Oldham's conclusion, but it's harder to say for the six conservatives.
