After the fact doesn't matter. If all tyranny requires is an after-the-fact judicial ruling then tyranny will just find a way to win before then.

The fact is, there is no such thing as a private company. Infringing speech is happening all over the place; the fact the Constitutions states Congress cannot enact laws against speech is tantamount to the people themselves being unable to enact action against speech and expression. Congress is the people, and the people don't get to privatize tyranny. Period.