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TikTok tried to save itself with the First Amendment — and failed
National security overrides the First Amendment in court.
George Washington University Law School professor Mary Anne Franks, who sits on a content moderation advisory panel for TikTok that doesn’t play a role in this case, says the court’s dismissive approach to this motivational test is concerning. While the opinion says the TikTok bill’s survival doesn’t depend on the data broker law existing, it “supports our conclusion that the Act reflects a good-faith effort on the part of the Government to address its national security concerns.” Before the current law passed, TikTok spent years attempting to silo its data in a way that would satisfy national security concerns, signing a deal with Oracle as part of a plan called Project Texas.
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