Martin v US

JUSTICE GORSUCH: Yeah, you might look at the address of the house before you knock down the door.

MR. LIU: Yes. And – and, as the district court found at 52(a), that sort of decision is filled with policy tradeoffs because checking the house number at the end of the driveway means exposing the agents to potential lines of fire from the windows –

JUSTICE GORSUCH: Really? How about making sure you’re on the right street? Is that – is that – I mean, just the right street?

MR. LIU: No. I mean, I – I was just going to say –

JUSTICE GORSUCH: Checking the street sign, is that – is that, you know, asking too much?

MR. WALL: I agree, Justice Kavanaugh. We should win no matter what the Court says.

MR. FLETCHER: We did, you know, but, again, this Court disagreed and the record –

JUSTICE THOMAS: Yeah, you threw in the towel, but, you know –

MR. FLETCHER: Well, we got – we got told no three times.

JUSTICE THOMAS: Well, and that’s just – you shouldn’t feel offended by that.

JUSTICE ALITO: All right. Well, tell me – tell me again what is the difference between a statement that is false in context, not literally false when viewed just by itself but false in context, and a statement that is misleading.

MR. GAIR: So a statement – let’s take an example of a statement that – that might be misleading. If I go back and change my website and say “40 years of litigation experience” and then in bold caps say “Supreme Court advocate,” that would be, after today, a true statement. It would be misleading to anybody who was thinking about whether to hire me or Mr. Francisco or Mr. Waxman, right?

JUSTICE ALITO: Well, that’s mildly misleading – maybe, at best, it’s – I don’t know that that’s going to mislead anybody, but, at best, it’s mildly misleading.

JUSTICE KAGAN: It is, though, the humblest answer I’ve ever heard from the Supreme Court podium. So good show on that one.

JUSTICE THOMAS: Exactly what is TikTok’s speech here?

MR. FRANCISCO: TikTok, Your Honor, uses an algorithm that, in its view, reflects the best mix of content.

MR. LIN: There is total – so if I can answer that in two ways. There is total –

JUSTICE GORSUCH: No, pick one.

MR. LIN: Maybe I can combine them into one answer.

JUSTICE GORSUCH: Give me your best.