Even convicted criminals-and in some instances especially convicted criminals-might receive legitimate benefits from these means for access to the world of ideas, particularly if they seek to reform and to pursue lawful and rewarding lives.” National security adds an extra problem “Foreclosing access to social media altogether thus prevents users from engaging in the legitimate exercise of First Amendment rights. North Carolina, a case that challenged a North Carolina law that outlawed convicted sex offenders from using social sites on which children appear, the court held that even a state’s interest in protecting minors from sex offenders was insufficient to withhold those offenders’ right to “speak” on those sites. The Supreme Court has pushed back against social media bans on First Amendment grounds before, Greene explained. “Total bans on things are almost never the least restrictive.” government or a state government, or local government or whatever, to show that this is the least restrictive means to advance a significant government interest,” Green said. And that's going to require the government, whether it's the U.S. “It's going to be subject to First Amendment strict scrutiny. And in cases of speech, he explained, the courts would attempt to determine if Biden or Congress could find a less restrictive way of addressing their concerns without enacting an outright ban for all Americans. (Photo by Joe Raedle/Getty Images) (Joe Raedle via Getty Images)Īccording to Greene, if Congress or Biden were to ban TikTok, it would be challenged in the courts as a violation of Americans’ First Amendment rights to free speech. Marco Rubio (R-FL) has proposed legislation that would ban TikTok in the U.S. That, though, is unlikely to pass muster, either. And while the administration is negotiating with TikTok to quell any fears that China could abuse the app to gain information on Americans or spread disinformation, others are calling on Biden to take executive action. President Joe Biden has also come out against TikTok. In other words, there’s nothing stopping employees and students from checking out the latest TikTok trend on their personal phones and networks. But those restrictions only apply to the use of the app on government and university devices and networks. That’s pushed more states and even universities to ban TikTok. Free speech laws could prevent a total ban ByteDance fired the workers involved in the matter. The employees, ByteDance said, inappropriately accessed the data during an internal investigation into leaks. users and two journalists including location information. Marco Rubio (R-FL) introduced legislation to ban TikTok in the U.S., which gained the support of Republicans and Democrats in the House.Īdding to the drama, in late December, The New York Times reported that ByteDance employees accessed the data of a handful of U.S. In June, the company announced that it finished moving Americans’ user data off of its own servers and onto Silicon Valley–based Oracle’s cloud platform. TikTok has denied allegations that it is a mouthpiece for China’s leadership and opened offices in the U.S. The app’s popularity and swift growth among teens has raised concerns in Washington and across the country that the app could be used as a means to track and gather information on users or spread Chinese Communist Party propaganda. That’s more than Meta's Facebook, 32%, and Instagram, 62%. The app is most popular among younger users, with 67% of teens saying they use the app, according to a Pew Research Center survey. “And that's even assuming that they can show that…there's some proof that the ban will actually help in some way.” TikTok a target “It's going to be really difficult for the government to enact a total ban constitutionally,” David Greene, civil liberties director at the Electronic Frontier Foundation, told Yahoo Finance. That’s because the Constitution protects Americans from government-imposed restrictions on speech wherever that speech might take place. The bottom line is, I don't see how the government can actually get away with banning all of TikTok from everyone.” “Whatever happens, I foresee a challenge probably going all the way up to the Supreme Court.
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