One of the questions that came up repeatedly in the oral arguments was that of “traceability”: whether any given tech platform’s decision to take down or moderate any given plaintiff’s social media post could be traced directly to government intervention. If not, that might suggest that the plaintiffs lacked standing to claim a First Amendment injury, which could mean the court doesn’t even get to the point of evaluating the case on the merits.
Fletcher told Alito that the lower courts took a “blunderbuss approach” to the traceability question, and that if you go back to the record that the plaintiffs cite, “often what you find is that they’re citing moderation of their content that happened either before the government actions to which they’re referring, or long after.
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