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#344: TikTok and the First Amendment

Tech Policy Podcast

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The Failure of Narrow Tailoring in the Case of North Carolina

It seems really hard in all but the most absurdly vivid and clear circumstances that saying we're going to ban it all could ever meet any kind of definition of narrowly tailored. The government has made no effort to actually do its homework and obtain concrete evidence that the threat is justified. So you apply an intermediate scrutiny. You see if the tail tailoring is narrow and in packing ham that law fails. Now Justice Breyer said it seems to be well settled law that the state can't bar usage of social media to this degree, unless there is a clear and present dangerclear and present danger where's the evidence that the CCP right now is planning to use data to blackmail people who are currently playing

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