As Congress and President Joe Biden edge closer to barring the immensely popular video sharing app TikTok Inc from devices in the U.S., free speech advocates are preparing for a fight that would pit the First Amendment against lawmakers’ concerns about national security.
earlier in March, arguing that government has not offered enough specific evidence about TikTok’s national security risk to justify an outright ban.
To start, TikTok – as a U.S.-incorporated subsidiary of ByteDance – and its U.S. users are both entitled to free speech protection under the First Amendment. So both, according to Knight First Amendment executive director Jameel Jaffer, would have standing to raise a First Amendment challenge to a ban.
“The government is looking at conduct, not speech,” said Joel Thayer of the Digital Progress Institute, who has called for ByteDance to divest ownership of TikTok. “I’d push back on the idea of First Amendment implications.
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