Advisory Opinions

Are PysOps Free Speech?

15 snips
Jan 7, 2025
The hosts dive into the intriguing legal challenges surrounding TikTok and its controversial ties to China. They debate the balance of free speech against national security concerns and explore the implications of the Supreme Court’s potential involvement. The conversation also touches on the concept of the unitary executive in light of Donald Trump's political maneuvers, judicial independence, and humorous legal anecdotes. Plus, there's a fun detour into card games and textualism, blending law with playful banter.
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INSIGHT

TikTok & Content Neutrality

  • TikTok search results show pro-China bias, raising content neutrality concerns.
  • This could trigger strict scrutiny, requiring a compelling government interest and narrowly tailored law.
ANECDOTE

Hypothetical Disinformation Campaign

  • David French uses a hypothetical Taiwan crisis scenario to illustrate content concerns.
  • A foreign-controlled platform could spread disinformation, hindering military mobilization.
INSIGHT

Data Collection Concerns

  • TikTok argues data collection concerns don't justify the ban, as there's no evidence it would have passed based on that alone.
  • They claim the content-based reasons cannot be severed from the data collection aspect.
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