The Lawfare Podcast Lawfare Daily: Understanding the DC Circuit Court's Decision on TikTok
Dec 13, 2024
In this insightful discussion, Alan Rozenshtein, a law professor at the University of Minnesota, Anupam Chander from Georgetown, and Mary-Rose Papandrea of the University of North Carolina dive into the D.C. Circuit Court's ruling on TikTok. They dissect the legal complexities surrounding the app, particularly its First Amendment implications and national security concerns tied to its Chinese ownership. The conversation also critiques the government's rationale about data privacy, showcasing the ongoing tension between digital innovation and regulatory scrutiny.
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First Amendment and TikTok
- The D.C. Circuit Court upheld a TikTok ban, but acknowledged TikTok's First Amendment protections.
- The court struggled to determine the level of scrutiny, ultimately claiming the ban met strict scrutiny.
Differing Scrutiny Levels
- Judge Srinivasan's concurrence applied intermediate scrutiny, disagreeing with the majority's strict scrutiny.
- He argued for preserving strict scrutiny's potency for future use.
Government Justification and Deference
- The government justifies the ban by citing data and content manipulation concerns, but with limited evidence of harm.
- The court deferred to the government, accepting speculative dangers, particularly regarding China's influence.