That argument is pretty much dead after https://en.wikipedia.org/wiki/Van_Buren_v._United_States and https://en.wikipedia.org/wiki/HiQ_Labs_v._LinkedIn
I'll leave all other jurisdictions up to you.
That argument is pretty much dead after https://en.wikipedia.org/wiki/Van_Buren_v._United_States and https://en.wikipedia.org/wiki/HiQ_Labs_v._LinkedIn