> How the 1st Amendment might protect a corporation's religious POV but not its exercise of editorial control is a very good question I don’t think this court

> How the 1st Amendment might protect a corporation's religious POV but not its exercise of editorial control is a very good question I don’t think this court buys the idea that the platforms exercise editorial control. For example: “But the more fundamental problem with the Platforms’ reliance on Herbert is that they do not have an “editorial process” that looks anything like a traditional publisher’s. See supra Part III.C.2.c. Herbert involved discovery into how an editor selected, composed, and edited a particular story. See 441 U.S. at 156–57. But the Platforms, of course, neither select, compose, nor edit (except in rare instances after dissemination) the speech they host. So even if there was a different rule for disclosure requirements implicating a newspaper-like editorial process, that rule would not apply here because the Platforms have no such process.” Or: “ The Platforms are nothing like the newspaper in Miami Herald. Unlike newspapers, the Platforms exercise virtually no editorial control or judgment. The Platforms use algorithms to screen out certain obscene and spam-related content.8 And then virtually everything else is just posted to the Platform with zero editorial control or judgment. “Something well north of 99% of th[is] content . . . never gets reviewed further. The content on a site is, to that extent, invisible to the [Platform].” NetChoice, LLC v. Moody, 546 F. Supp. 3d 1082, 1092 (N.D. Fla. 2021). Thus the Platforms, unlike newspapers, are primarily “conduit[s] for news, comment, and advertising.” Miami Herald, 418 U.S. at 258. And that’s why the Supreme Court has described them as “the modern public square.” Packingham, 137 S. Ct. at 1737; see also Biden v. Knight First Amend. Inst., 141 S. Ct. 1220, 1224 (2021) (Thomas, J., concurring) (noting Platforms are also “unlike newspapers” in that they “hold themselves out as organizations that focus on distributing the speech of the broader public”). The Platforms’ own representations confirm this.9 They’ve told their users: “We try to explicitly view ourselves as not editors. . . . We don’t want to have editorial judgment over the content that’s in your feed.”10 They’ve told the public that they “may not monitor,” “do not endorse,” and “cannot take responsibility for” the content on their Platforms.11 They’ve told Congress that their “goal is to offer a platform for all ideas.”12 And they’ve told courts—over and over again—that they simply “serv[e] as conduits for other parties’ speech.”13“ They kind of have a point. The platforms seem most interested in minimizing financial costs like the hiring of moderation staff and loss of advertising and reputational costs like PR damage and pissing off sensitive users. They don’t seem to have any particular editorial mission. They seem to mainly want to grow and profit. I actually wonder if they would have a stronger case if they were avowedly advancing a leftist agenda. IANAL