24 MOODY v. NETCHOICE, LLC ALITO, J., concurring in judgment and BeReal,28 and websites like Parler,29 which claim to engage in little or no content moderation at all. And Florida’s law, which is even broader than Texas’s, plainly applies to e-commerce platforms like Etsy that make clear in their terms of service that they are “not a curated marketplace.”30 In First Amendment terms, this means that these laws— in at least some of their applications—appear to regulate the kind of “passive receptacle[s]” of third-party speech that receive no First Amendment protection. Tornillo, 418 U. S., at 258. Given such uncertainty, it is impossible for us to determine whether these laws have a “plainly legitimate sweep.” Williams, 553 U. S., at 292; Washington State Grange, 552 U. S., at 449. 2 Second, NetChoice has not established what kinds of content appear on all the regulated platforms, and we cannot determine whether these platforms create an “inherently expressive” compilation of third-party speech until we know what is being compiled. We know that social-media platforms generally allow their users to create accounts; send direct messages —————— 28 BeReal, which appears to have enough monthly users to be covered by the Texas law, allows users to share a photo with their friends once during a randomly selected 2-minute window each day. Time To BeReal, https://help.bereal.com/hc/en-us/articles/7350386715165--Time-to-BeReal (last accessed Apr. 23, 2024). Twenty-four hours later, those photos disappear. Because BeReal posts thus appear and disappear “randomly,” even the Eleventh Circuit would agree that BeReal likely is not an expressive compilation. 34 F. 4th, at 1214. 29 Community Guidelines, Parler, https://www.parler.com/communityguidelines (May 31, 2024) (“We honor the ability of all users to freely express themselves without interference from oppressive censorship or manipulation”). Parler probably does not have a sufficient number of monthly users to be covered by these statutes. But it is possible that other covered websites use a similar business model. 30 Our House Rules, Etsy, https://etsy.com/legal/prohibited (last accessed Apr. 23, 2024).

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