My point is that most case law was ruled on when businesses were an order of magnitude smaller, and had smaller impact on the individual. Sometimes difference

My point is that most case law was ruled on when businesses were an order of magnitude smaller, and had smaller impact on the individual. Sometimes difference in scale is also difference in kind. A lot of prior case law that involved much smaller private entities would be unlikely to hold if retested at current scale, against e.g. Facebook or Twitter. Even if the mechanism isn't through the constitution, Congress is likely to enact similar protections through new laws sooner or later. The new era of big tech harkens back to the company store/company scrip days, which are widely deemed to have been monopolistic: https://en.m.wikipedia.org/wiki/Company_store https://en.m.wikipedia.org/wiki/Company_store