Cite as: 603 U. S. ____ (2024)
23
ALITO, J., concurring in judgment
555, p. 1. And websites such as Discord,21 Reddit,22 Wikipedia,23 and Yelp24 have filed amicus briefs claiming that
they may be covered by both the Texas and Florida laws.
It is a mystery how NetChoice could expect to prevail on
a facial challenge without candidly disclosing the platforms
that it thinks the challenged laws reach or the nature of the
content moderation they practice. Without such information, we have no way of knowing whether the laws at
issue here “cover websites that engage in primarily nonexpressive conduct.” Tr. of Oral Arg. in No. 22–277, at 34;
see also id., at 126. For example, among other things,
NetChoice has not stated whether the challenged laws
reach websites like WhatsApp25 and Gmail,26 which carry
messages instead of curating them to create an independent speech product. Both laws also appear to cover Reddit27
——————
21 Brief for Discord Inc. as Amicus Curiae 2, 21–27. “Discord is a real
time messaging service with over 150 million active monthly users who
communicate within a huge variety of interest-based communities, or
‘servers.’ ” Id., at 1.
22 Brief for Reddit, Inc., as Amicus Curiae 2. Reddit is an online forum
that allows its “users to establish and enforce their own rules governing
what topics are acceptable and how those topics may be discussed . . . .
The display of content on Reddit is thus primarily driven by humans—
not by centralized algorithms.” Ibid.
23 Brief for Wikimedia Foundation as Amicus Curiae 2.
24 Brief for Yelp Inc. as Amicus Curiae 3–4.
25 About WhatsApp, WhatsApp, https://whatsapp.com/about (last accessed Apr. 23, 2024).
26 Secure, Smart, and Easy To Use Email, Gmail, https://google.com/
gmail/about (last accessed Apr. 23, 2024).
27 Reddit Content Policy, Reddit, https://www.redditinc.com/policies
/content-policy (last accessed Apr. 23, 2024) (describing Reddit as a platform that is run and moderated by its users).
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