Cite as: 603 U. S. ____ (2024)
25
ALITO, J., concurring in judgment
through private inboxes; post written messages, photos,
and videos; and comment on, repost, or otherwise interact
with other users’ posts. And NetChoice acknowledges in
fairly general terms that its members engage in most—
though not all—of these functions. But such generalities
are insufficient.
For one thing, the ways in which users post, send direct
messages, or interact with content may differ in meaningful
ways from platform to platform. And NetChoice’s failure to
account for these differences may be decisive. To see how,
consider X and Yelp. Both platforms allow users to post
comments and photos, but they differ in other respects.31 X
permits users to post (or “Tweet”) on a broad range of topics
because its “purpose is to serve the public conversation,”32
and as a result, many elected officials use X to communicate
with constituents. Yelp, by contrast, allows users to post
comments and pictures only for the purpose of advertising
local businesses or providing “firsthand accounts” that reflect their “consumer experience” with businesses.33 It does
not permit “rants about political ideologies, a business’s employment practices, extraordinary circumstances, or other
matters that don’t address the core of the consumer experience.”34
As this example shows, X’s content is more political than
Yelp’s, and Yelp’s content is more commercial than X’s.
That difference may be significant for First Amendment
purposes. See Pittsburgh Press, 413 U. S. 376. But
NetChoice has not developed the record on that front. Nor
——————
31 Yelp and X are both covered by S. B. 7072 and H. B. 20. See Brief
for Yelp Inc. as Amicus Curiae 4, n. 4.
32 The X Rules, X, https://help.x.com/en/rules-and-policies/x-rules (last
accessed Apr. 23, 2024).
33 Content Guidelines, Yelp, https://www.yelp.com/guidelines (last accessed Apr. 23, 2024).
34 Ibid.
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