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Breaking down TikTok’s legal arguments around free speech, national security claims
Social media platform TikTok says that a bill banning the app in the U.S. is "unconstitutional" and that it will fight this latest attempt to restrict its
Federal judges issued preliminary injunctions to temporarily block Trump’s ban while legal challenges proceeded, citing concerns about violation of First Amendment rights and lack of sufficient evidence demonstrating that TikTok posted a national security threat. However, the Pentagon Papers case from 1971, in which the Supreme Court upheld the right to publish a classified Department of Defense study of the Vietnam War, establishes an exceptionally high bar for overcoming free speech and press protections. In its statements responding to Biden’s signing of the TikTok ban, the company has pointed to the billions of dollars invested to secure user data and keep the platform free from outside manipulation as a result of Project Texas and other efforts.
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