TikTok should lose its big Supreme Court case
The Supreme Court case TikTok v. Garland examines the legality of banning TikTok over national security concerns, with potential implications for First Amendment rights regarding foreign-owned media platforms in the U.S.
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The Supreme Court case TikTok v. Garland addresses whether the U.S. government can ban TikTok due to national security concerns related to its Chinese ownership by ByteDance. The law in question, the "Protecting Americans from Foreign Adversary Controlled Applications Act," aims to prevent foreign adversaries from controlling significant media platforms. Proponents argue that allowing such ownership could enable the Chinese government to manipulate content and collect data on American users. The case raises complex First Amendment issues, as it pits the government's authority to restrict foreign control of media against the principle that the government should not dictate media ownership. Historical precedents show that the U.S. has previously restricted foreign ownership in communications, suggesting that the government may have a valid interest in national security. The bipartisan support for the law and the composition of the judges involved indicate a likely unfavorable outcome for TikTok. However, the implications of the ruling could set a precedent for how First Amendment rights are applied to foreign-owned companies operating in the U.S. The case highlights the tension between safeguarding free speech and addressing legitimate national security concerns.
- The Supreme Court case TikTok v. Garland questions the legality of banning TikTok due to its Chinese ownership.
- The law aims to prevent foreign adversaries from controlling significant media platforms in the U.S.
- Historical precedents support the government's ability to restrict foreign ownership in communications.
- Bipartisan support for the law suggests a likely unfavorable outcome for TikTok.
- The ruling could impact how First Amendment rights are applied to foreign-owned companies in the U.S.
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21 commentsThere also already exists speech on TikTok that Americans have the right to hear, so the ban is more akin to the Lamont case mentioned in the article, IMO.
Following this reasoning it would make sense to create a sort of digital “jumbo country-scale safety net” that makes sure Americans can only see and interact with American stuff. Doing that effectively would take a lot of technical expertise though, I wonder where we would find a talent pool for such an undertaking.
In this age of political polarization, the issues that which are agreed upon by both sides are the story.
There's nothing tiktok does that facebook does not.
But chicken or the egg? Is chinese social media causing the polarization?
What if the 'community guidelines' must be fully compliant with all cultures? Which essentially means free speech?
The terms of the ban are incredibly broad too -- if you can post reviews on AliExpress that other users can see it seems like that too would be a covered application.
Now the question will be, who will rush to fill in this void? Will Bliesky release short form videos, too?
This seems very weak. Can anyone believe that "nearly all" TikTok users are "completely oblivious" to the well-publicized data collection and feed algorithm issues associated with social media use? I believe that a simple warning label should be more than enough.
It will be interesting to see if they turn the USA into a country that starts censoring arbitrary websites at the ISP level. tiktok.com is a thing.
https://www.theguardian.com/commentisfree/article/2024/may/0...
It has been a wildly successful propaganda machine for the ruling class, and ByteDance's extreme right-wing major shareholder Jeff Yaas[1] has enough money to buy the supreme court many times over with change from his couch cushions. The fact that the SC is already putting a pause on the shutdown should've made it clear that Tiktok won't be harmed.
[1] https://www.youtube.com/watch?v=b607aDHUu2I (The China/Taiwan timestamp iirc)
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