Case: 21-51178 Document: 00516474571 Page: 30 Date Filed: 09/16/2022 No. 21-51178 It is no answer to say, as the Platforms do, that an observer might construe the act of hosting speech as an expression of support for its message. That was the precise contention the Court rejected in both PruneYard and Rumsfeld: Neither the shopping mall nor the law schools wanted to endorse the hosted speech. The Rumsfeld Court dismissed that concern out of hand because even schoolchildren know the difference between sponsoring speech and allowing it. See 547 U.S. at 65 (citing Bd. of Educ. of Westside Cmty. Schs. (Dist. 66) v. Mergens, 496 U.S. 226, 250 (1990)). That’s precisely why even the Platforms concede that “objective observer[s]” would not “conclude that [Platforms] intended . . . to promote terrorism” when they host terrorist content. Motion to Dismiss at 23, Gonzalez v. Twitter, Inc., No. 4:16-cv-03282 (N.D. Cal. Jan. 13, 2017). Recognizing that their compelled-speech analogy to newspapers is a stretch, the Platforms turn to parades and the Hurley case. The Platforms contend that Section 7 forces them to host speech that’s inconsistent with their corporate “values.” But of course, the Platforms do not contend that they carefully curate users’ speech the way a parade sponsor or composer “selects . . . expressive units . . . from potential participants.” Hurley, 515 U.S. at 568. Nor do they suggest that they are “intimately connected with the communication” Section 7 requires them to host. Id. at 576. The Platforms instead contend that their censorship is protected because Hurley creates a freewheeling right for speech hosts to discriminate against messages they don’t like. Hurley said nothing of the sort. The Court instead carefully limited its holding to a speech host (like a parade organizer or composer) who is “intimately connected” with the hosted speech (like a parade or a No. 3:16-cv-00213 (N.D. Cal. Apr. 6, 2016) (stating Twitter is “a service provider acting as a conduit for huge quantities of third-party speech”). 30

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