It is absolutely still arguable in court, since this ruling interpreted the Supreme Court ruling to pertain to “a tailored compilation of videos for a user’s FYP based on a variety of factors, including the user’s age and other demographics, online interactions, and other metadata,”

In other words, the Supreme Court decision mentions editorial decisions but no court case has yet backed up if that means editorial decisions in the HN front page sense (as in mods make some choices but it’s not personalized.) Common sense may say mods making decisions is editorial decisions but it’s a gray area until a court case makes it clear. Precedence is the most important thing when interpreting law, and the only precedence we have is that it pertains to personalized feeds.