After skimming the document for a bit, hiQ's argument looks really flaky. Especially grasping at straws like "Free Speech". They argue that LinkedIn is like a public mall and denying them access to the mall is denying them "Free Speech"? I don't see how this can be the case if they had no intent to "speak" at all in this place. Their data collection via scraping seems more like people-watching in the mall, if you go along with their analogy.