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.
JUSTICE KENNEDY: Do you think Marbury versus Madison is right?
(Laughter.)
JUSTICE KENNEDY: Particularly as to the interpretation with such exceptions as Congress may make.
MR. VLADECK: So, I will confess, Justice Kennedy, that I may perhaps belong in the school of scholars who thinks that Chief Justice Marshall read both the statute and the Constitution to reach the constitutional questions he wanted to reach.
CHIEF JUSTICE ROBERTS: It says “some benefit,” but you’re – you’re reading it as saying “some benefit,” and the other side is reading it as saying “some benefit,” and you know that – And it makes a difference.
. . . .
JUSTICE KAGAN: Do you favor a standard with bite?
MR. KATYAL: It does have some bite. It does. We’re not trying to –
JUSTICE KAGAN: Would that be “some bite” or “some bite“?