Supreme Court Upholds TikTok Ban Unless Divested from China: First Amendment Challenges Rejected
The Supreme Court case TikTok Inc. et al. v. Garland addresses the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act, which restricts TikTok's operation in the U.S. due to national security concerns about its Chinese ownership. The majority opinion affirms the lower court's decision, finding the Act's restrictions to be content-neutral and narrowly tailored to address compelling government interests in preventing data collection and manipulation by a foreign adversary. Justice Sotomayor concurs in the judgment but emphasizes that the Act undeniably implicates First Amendment rights. Justice Gorsuch also concurs, expressing reservations about the "content-neutral" designation but ultimately agreeing that the Act's compelling interest in national security justifies the restrictions.