Amicus With Dahlia Lithwick | Law, justice, and the courts

TikTok Is Cooked, Trump Is Sentenced

Jan 11, 2025

Gautam Hans, Clinical Professor of Law at Cornell, brings his expertise in constitutional and technology law to discuss pivotal legal issues. He dives into the Supreme Court's TikTok ban case, highlighting the tension between national security and First Amendment rights. The conversation also touches on the implications of Trump's recent sentencing and the court's unexpected decisions, analyzing how these events shape future legal landscapes regarding social media and political accountability.

01:02:46

Episode guests

Gautam Hans

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Episode notes

Podcast summary created with Snipd AI

Quick takeaways

The TikTok ban case exemplifies the ongoing tension between national security concerns and the protection of First Amendment rights in a digital age.

Donald Trump's recent sentencing for falsifying business records represents a critical juncture in the accountability of political figures within the judicial system.

The Supreme Court's expedited deliberations on the TikTok case highlight the challenges of timely judicial responses to rapidly evolving technological issues.

Deep dives

The Supreme Court's TikTok Case

The U.S. Supreme Court is examining a significant case that juxtaposes free speech against national security concerns, focusing on the constitutionality of a potential TikTok ban. Legislation aimed at curtailing TikTok was born out of bipartisan fears regarding the Chinese-owned company's data practices and its implications for privacy and national interest. As the court navigates this politically charged landscape, it faces questions about the legal ramifications of restricting access to a platform used by millions and the balance between protecting national security and upholding First Amendment rights. The urgency of this case is underscored by a looming deadline, as the court's ruling could determine the app's fate within days.

Intro

4min

Court Sentences Trump: Unconditional Discharge Amid Felony Convictions

3min

Supreme Court Rulings on Trump's Sentencing

6min

Legal Challenges and TikTok's Future

7min

TikTok's Legal Battle: Free Speech vs. National Security

15min

TikTok's Legal Quandary

8min

Navigating TikTok's Legal Landscape

18min

While Donald J Trump was virtually fuming at his sentencing hearing in Judge Juan Merchan’s New York City courtroom on Friday morning, the nine justices of the US Supreme Court were taking their seats for oral arguments in the so-called TikTok ban case. And while it only took 40 minutes for the president elect’s sentence of an ‘unconditional discharge’ to be pronounced, the arguments over national security, the First Amendment, and an app that 170 million Americans use took a couple of hours longer.

Amicus has an analysis of all of it. First, Dahlia Lithwick and Mark Joseph Stern discuss whether and how Trump’s sentence matters, and what it tells us about the Supreme Court under Trump 2.0. Next, they’re joined by Gautam Hans, clinical Professor of Law at Cornell Law School, who specializes in constitutional law, technology law and policy, to discuss why the Supreme Court seemed so very ready to reach right past the First Amendment and grab for national security in order to uphold the TikTok ban.

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