For years, the fight over speech on the internet was supposed to happen where Americans could see it: in Congress, in state legislatures and, ultimately, in the courts.

But that model is increasingly being replaced by something less visible: regulation through litigation.

A new regulatory front is emerging through civil litigation, state consumer-protection lawsuits and settlements with enormous technology companies. The strategy is straightforward: if lawmakers cannot directly regulate what Americans can see, say or access online without running into the First Amendment, perhaps government lawyers and the trial bar can accomplish much of the same thing through litigation.

The recent settlements involving Meta and TikTok should get our attention. In August, Meta agreed to a multistate settlement worth up to $17.1 billion over allegations involving children's safety, addictive features and the handling of minors' data. Meta admitted no wrongdoing. The agreement nevertheless requires sweeping changes to how Facebook and Instagram operate, including age verification, limits on teen usage and changes to personalized feeds.

Then came Alabama's $100 million settlement with TikTok. The company again denied wrongdoing, but agreed to new restrictions involving minors, including enhanced age verification, usage limits and changes to the user experience. The most eye-catching number may be the $14.2 million in legal fees going to the outside firms representing Alabama, plus $2 million in........

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