I see. As a matter of first principles, I’m not sure it makes sense that a state can condition the right to do business as a corporation within its borders on giving up one constitutional right (your Due Process rights under Int’l Shoe) but not another. But the court does what it wants!

Well, if a state can condition the right to do business with its borders on consenting to be sued in its courts for anything and everything, no matter where on Earth it occurs (see Mallory), maybe they can do what you said, too.

I wrote a law review article about that! It feels like another lifetime.

Yes, the allegation is that a copy is made in the course of training. And i believe that’s true. Perhaps just transiently in RAM, but some AI systems do keep a standing “corpus” of texts that they use for training.

…that commercial speech is simply unprotected and outside the 1A. That was wrong even before 303, in my view, but 303’s treatment of the plaintiff’s commercial speech should be the end of that argument.

Well, for some time now, I’ve been advising clients who are sued for false advertising/consumer protection violations for failure to disclose things that they should assert a First Amendment compelled speech defense. Some (lower) courts simplistically wave these defenses away by saying… 1/

…court will not expand 303’s holding well beyond its particular facts have the burden of persuasion here, IMHO.

Many future unknowns, and a version of SCOTUS that has never once—as far as I can recall—rejected the claim of a plaintiff making a religious liberty/conscience argument, in any context. (Except the Muslim prisoner who wanted his imam present at his execution). Those claiming that this particular…

That could be it. But if I’m one of the four, maybe forcing the five to confront the issue directly is worth the grant, even if they think they’ll lose? After all, they could always peel someone off, and if they don’t, it’s not like things could get much worse in the lower courts on this issue.

So why do these petitions keep getting unceremoniously denied, with Sotomayor dissenting solo? Doubt you could find a much cleaner vehicle than this one.

Lawyers write custom briefs. Can an employment lawyer now refuse to take on female clients if they don’t think women belong in the workplace?