8 MOODY v. NETCHOICE, LLC ALITO, J., concurring in judgment (ND Fla.), Doc. 106, p. 22 (citing Rumsfeld v. Forum for Academic and Institutional Rights, Inc., 547 U. S. 47, 64 (2006) (FAIR)). And, in any event, Florida argued that NetChoice’s facial challenge was likely to fail at the threshold because NetChoice had not identified which of its members were required to comply with the new law or how each of its members’ presentation of third-party speech expressed that platform’s own message. Record, Doc. 106, at 30, 58–59; id., Doc. 118, pp. 5, 24–25. Without this information, Florida said, it could not properly respond to NetChoice’s facial claim. Id., Doc. 122, pp. 4–5. Florida requested a “meaningful opportunity to take discovery.” Tr. of Oral Arg. in No. 22–277, p. 154. NetChoice objected. Record, Doc. 122. Despite these arguments, the District Court enjoined S. B. 7072 in its entirety before the law could go into effect. Florida appealed, maintaining, among other things, that NetChoice was “unlikely to prevail on the merits of [its] facial First Amendment challenge.” Brief for Appellants in No. 21–12355 (CA11), p. 20; Reply Brief in No. 21–12355 (CA11), p. 15. With just one exception, the Eleventh Circuit affirmed. It first held that all the regulated platforms’ decisions about “whether, to what extent, and in what manner to disseminate third-party created content to the public” were constitutionally protected expression. NetChoice v. Attorney Gen., Fla., 34 F. 4th 1196, 1212 (2022). Under that framing, the court found that the moderation and individualdisclosure provisions likely failed intermediate scrutiny, obviating the need to determine whether strict scrutiny applied. Id., at 1227.9 But the court held that the general—————— 9 See also id., at 1214 (“unless posts and users are removed randomly, those sorts of actions necessarily convey some sort of message—most obviously, the platforms’ disagreement with . . . certain content”); id., at 1223 (“S.B. 7072’s disclosure provisions implicate the First Amendment”).