> If you lose 9-0 in the Supreme Court, and your expected side (in this case, progressives)

This is a pretty clear first amendment issue that shouldn’t divide among party lines. Party lines shouldn’t even be a thing in the SC, but unfortunately that ship has sailed. The law is clear about this so the “progressive” judges wrote their opinion about what the law says. That is more than can be said about some of the more conservative justices, who don’t really seem to care as much about what the law says rather than pushing personal/political/financial agendas.