> My refusing to distribute your work is not "silencing."

That distinction is a relic of a world of truly public spaces used for communication— a literal town square. Then it became the malls and shopping centers, then the Internet— which runs on private pipes— and now it’s technological walled gardens. Being excluded from a walled garden now is effectively being “silenced” the same way being excluded from the town square was when whatever case law you’re thinking was decided.