isn't the bolded just semantics for the purpose of this conversation though (I still don't get the legal intricacies that perhaps you're getting at but irrelevant for the sake the point being made perhaps)?You dont need a ToS to ban child pornography for it to be not allowed on a site is my point. Just because ToS does not address child pornography does not make it suddenly wrong, a site does that to cover their ass so they cannot be sued or arrested.
Musk can change ToS because offensive posts is a subjective definition. He can decide what is offensive to twitter that is not already illegal.