Actually the Supreme Court has ruled that no agent of the government can pressure private businesses to regulate speech. That includes members of Congress acting on their own and federal employees. It doesn’t have to be a law passed by Congress.
https://greenwald.substack.com/p/congress-escalates-pressure-on-tech
“Actually the Supreme Court has ruled that no agent of the government can pressure private businesses to regulate speech.”
Any level of government forcing a baker or photog to implicitly or explicitly endorse homoerotic ersatz marriage via one’s livelihood is absolutely regulating speech.
In both cases, it is the message, not the person, that is at issue - but the 1st Amendment is ignored.