26
MOODY v. NETCHOICE, LLC
ALITO, J., concurring in judgment
has it shown what kinds of content appear across the diverse array of regulated platforms.
Social-media platforms are diverse, and each may be
unique in potentially significant ways. On the present record, we are ill-equipped to account for the many platformspecific features that allow users to do things like sell or
purchase goods,35 live-stream events,36 request a ride,37 arrange a date,38 create a discussion forum,39 wire money to
friends,40 play a video game,41 hire an employee,42 log a
run,43 or agree to watch a dog.44 The challenged laws may
apply differently to these different functions, which may
present different First Amendment issues. A court cannot
invalidate the challenged laws if it has to speculate about
their applications.
3
Third, NetChoice has not established how websites moderate content. NetChoice alleges that “[c]overed websites”
generally use algorithms to organize and censor content appearing in “search results, comments, or in feeds.” Brief for
Petitioners in No. 22–555, at 4, 6. But at this stage and on
this record, we have no way of confirming whether all of the
regulated platforms use algorithms to organize all of their
content, much less whether these algorithms are expressive. See Hurley, 515 U. S., at 568. Facebook and Reddit,
for instance, both allow their users to post about a wide
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35 E.g., Facebook Marketplace, Etsy.
36 E.g., X Live, Twitch.
37 E.g., Uber, Lyft.
38 E.g., Facebook Dating, Tinder.
39 E.g., Reddit, Quora.
40 E.g., Meta Pay, Venmo, PayPal.
41 E.g., Metaverse, Discord.
42 E.g., Indeed, LinkedIn.
43 E.g., Strava.
44 E.g., Rover.
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