Opinion: The TikTok court case has staggering implications for free speech in America
2 weeks ago

Opinion: The TikTok court case has staggering implications for free speech in America

LA Times  

The free speech implications of the coming ban on TikTok in the United States are staggering and unprecedented. Circuit Court of Appeals minimized the 1st Amendment impact of banning TikTok, while uncritically accepting the federal government’s claim that national security is threatened by this app. As the circuit court’s chief judge, Sri Srinivasan, said in a concurring opinion, the TikTik ban will cause a huge number of people in this country to “lose access to an outlet for expression, a source of community and even a means of income.” The decision stressed that TikTok is controlled by a “foreign adversary,” the People’s Republic of China, and that those outside the United States do not have 1st Amendment rights. The court of appeals recognized the free speech implications of the TikTok ban but concluded the ban was justified by national security considerations. The second rationale given by the court is even more problematic: China will “covertly manipulate content on TikTok” to “undermine democracy” and “extend the PRC’s influence abroad.” The court said that China “threatens to distort free speech on an important medium of communication.” Under this rationale, the United States could ban a foreign newspaper or a book published in another country from being available in this country because it is seen as undermining democracy.

History of this topic

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