Case: 21-51178 Document: 00516474571 Page: 28 Date Filed: 09/16/2022 No. 21-51178 a. Let’s start with compelled speech. In Miami Herald, the Supreme Court held that Florida’s right-of-reply law was unconstitutional because it compelled newspapers to speak. Crucially, the Court emphasized that “[a] newspaper is more than a passive receptable or conduit for news, comment, or advertising.” Miami Herald, 418 U.S. at 258. Rather, a newspaper curates and publishes a narrow “choice of material” in accordance with the “editorial control and judgment” of its editors. Ibid. Thus, when a newspaper affirmatively chooses to publish something, it says that particular speech— at the very least—should be heard and discussed. So forcing a newspaper to run this or that column is tantamount to forcing the newspaper to speak. The Platforms are nothing like the newspaper in Miami Herald. Unlike newspapers, the Platforms exercise virtually no editorial control or judgment. The Platforms use algorithms to screen out certain obscene and spam-related content. 8 And then virtually everything else is just posted to the Platform with zero editorial control or judgment. “Something well north of 99% of th[is] content . . . never gets reviewed further. The content on a site is, to that extent, invisible to the [Platform].” NetChoice, LLC v. Moody, 546 F. Supp. 3d 1082, 1092 (N.D. Fla. 2021). Thus the Platforms, unlike newspapers, are primarily “conduit[s] for news, comment, and advertising.” Miami Herald, 418 U.S. at 258. And that’s why the Supreme Court has described them as “the modern public square.” Packingham, 137 S. Ct. at 1737; see also Biden v. Knight First Amend. Inst., 141 S. Ct. 1220, 1224 (2021) (Thomas, J., concurring) (noting Platforms are also “unlike newspapers” in that they 8 The Platforms have disclosed little about their algorithms in this appeal, other than suggesting that they “often moderate certain policy-violating content before users see it.” The Platforms never suggest their algorithms somehow exercise substantive, discretionary review akin to newspaper editors. 28