Supreme Court Oral Arguments [24-656] TikTok, Inc. v. Garland
Jan 10, 2025
Neal Katyal, who represents TikTok, dives into the free speech challenges posed by the government's potential actions against the platform. Elizabeth Prelogar, the U.S. Solicitor General, discusses regulatory implications and national security concerns tied to TikTok's foreign ownership. Mark Fisher highlights the creators' perspectives amidst these legal complexities. The conversation intricately explores First Amendment rights, content moderation, and the balance between user privacy and legislative actions, questioning how to protect democracy in the digital landscape.
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Hypothetical: China Coercing Bezos
- Mr. Francisco used a hypothetical about China coercing Jeff Bezos to control the Washington Post's content.
- He argued this would violate both Bezos's and the Post's First Amendment rights.
Scrutiny Level and Compelled Speech
- Justice Alito questioned the level of scrutiny applied to TikTok's First Amendment rights.
- He presented a hypothetical involving criminal threats to compel speech, arguing for a compelling government interest in such cases.
Historical Context of Media Ownership
- Justice Kavanaugh highlighted a historical tradition of regulating foreign ownership in media due to bandwidth scarcity.
- Mr. Francisco argued this is irrelevant to the internet due to its lack of scarcity, unlike radio or television.