Huh, even you two are already almost agreeing with each other . The market WILL decide what free speech is, but it also implies that we may not like the result. There's really no reason to believe the average person will remain vigilant enough about every transaction they make.

It is a gaping flaw in the US constitution that corporations can restrict free speech through their actions, but on the other hand regulation would probably be too difficult and oppressive in itself. Can we read managers' minds and figure out why they didn't hire someone, and do we want trolls to start appealing their bans in the courts?

Ultimately, we just need a population that understands and supports free speech. By the time you need technological countermeasures, you'd better be using them to plan a revolution.