USCA11 Case: 21-12355 20 Date Filed: 05/23/2022 Opinion of the Court Page: 20 of 67 21-12355 Laws that restrict platforms’ ability to speak through content moderation therefore trigger First Amendment scrutiny. Two lines of precedent independently confirm this commonsense conclusion: first, and most obviously, decisions protecting exercises of “editorial judgment”; and second, and separately, those protecting inherently expressive conduct. 1 We’ll begin with the editorial-judgment cases. The Supreme Court has repeatedly held that a private entity’s choices about whether, to what extent, and in what manner it will disseminate speech—even speech created by others—constitute “editorial judgments” protected by the First Amendment. Miami Herald Publishing Co. v. Tornillo is the pathmarking case. There, the Court held that a newspaper’s decisions about what content to publish and its “treatment of public issues and public officials—whether fair or unfair—constitute the exercise of editorial control and judgment” that the First Amendment was designed to safeguard. 418 U.S. at 258. Florida had passed a statute requiring any paper that ran a piece critical of a political candidate to give the candidate equal space in its pages to reply. Id. at 243. Despite the contentions (1) that economic conditions had created “vast accumulations of unreviewable power in the modern media empires” and (2) that those conditions had resulted in “bias and manipulative reportage” and massive barriers to entry, the Court concluded that the state’s attempt to compel the paper’s editors to