The Fifth Circuit was also wrong, the court says, in treating the challengers, defendants, and social media platforms “each as a unified whole.” The challengers needed to show that they were injured with regard to each platform and each defendant.
Alito dissent says that if the lower courts are correct in assessing the “voluminous record,” “this is one of the most important free speech cases to reach this Court in years.”
He’s right, of course.
We have the second and final opinion, in Snyder v. US. It is by Justice Kavanaugh, and the vote is again 6-3. Jackson dissents, joined by Sotomayor and Kagan.
Am I reading too much into Snyder v. US to see it as another slap at Jack Smith (echoing the 8-1 McDonnell smackdown)?