There, we have often held that the role of appellate courts “in marking out the limits of [a] standard through the process of case-by-case adjudication” favors de novo review even when answering a mixed question primarily involves plunging into a factual record. Bose Corp. v. Consumers Union of United States, Inc., 466 U.S. 485, 503 (1984); see Ornelas v. United States, 517 U.S. 690, 697 (1996) (reasonable suspicion and probable cause under the Fourth Amendment); Hurley v. Irish–American Gay, Lesbian and Bisexual Group of Boston, Inc., 515 U.S. 557, 567 (1995) (expression under the First Amendment); Miller v. Fenton, 474 U.S. 104, 115–116 (1985) (voluntariness of confession under the Fourteenth Amendment’s Due Process Clause).(Slip op.
Gay, Lesbian & Bisexual Grp. of Bos., 515 U.S. 557, 573-74 (1995)). This holds true whether individuals, or corporations are being compelled to speak.