30 MOODY v. NETCHOICE, LLC ALITO, J., concurring in judgment For example, the majority paints an attractive, though simplistic, picture of what Facebook’s News Feed and YouTube’s homepage do behind the scenes. Taking NetChoice at its word, the majority says that the platforms’ use of algorithms to enforce their community standards is per se expressive. But the platforms have refused to disclose how these algorithms were created and how they actually work. And the majority fails to give any serious consideration to key arguments pressed by the States. Most notable is the majority’s conspicuous failure to address the States’ contention that platforms like YouTube and Facebook—which constitute the 21st century equivalent of the old “public square”—should be viewed as common carriers. See Biden v. Knight First Amendment Institute at Columbia University, 593 U. S. ___, ___ (2021) (Thomas, J., concurring) (slip op., at 6). Whether or not the Court ultimately accepts that argument, it deserves serious treatment. Instead of seriously engaging with this and other arguments, the majority rests on NetChoice’s dubious assertion that there is no constitutionally significant difference between what newspaper editors did more than a half-century ago at the time of Tornillo and what Facebook and YouTube do today. Maybe that is right—but maybe it is not. Before mechanically accepting this analogy, perhaps we should take a closer look. Let’s start with size. Currently, Facebook and YouTube each produced—on a daily basis—more than four petabytes (4,000,000,000,000,000 bytes) of data.54 By my calculation, that is roughly 1.3 billion times as many bytes as there are in an issue of the New York Times.55 —————— 54 Breaking Down the Numbers: How Much Data Does the World Create Daily in 2024? Edge Delta (Mar. 11, 2024), https://www. edgedelta.com/company/blog/how-much-data-is-created-per-day. 55 The average issue of the New York Times, excluding ads, contains

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