On Friday, Jan. 17, the U.S. Supreme Court upheld the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act, the law which could effectively ban TikTok from operating in the United States, unless it is sold to a U.S. company. The case is the latest round in a legal battle involving free speech, national security, and the popular social media app, which is used by more than 170 million Americans. U.S. lawmakers argue that TikTok’s ties to the Chinese government raise serious data protection and content manipulation concerns. Free speech advocates see the law as a fundamental afront to the First Amendment.

How did the Supreme Court decide the case? And how might this decision impact future efforts to regulate social media companies with ties to foreign governments?

Joining the show to discuss the Court’s opinion and its implications are Marty Lederman, Asha Rangappa, and Xiangnong (George) Wang.

Marty is an Executive Editor at Just Security and a Professor at Georgetown University Law Center. He has served in senior roles at the Justice Department, including in the Office of Legal Counsel. Asha is an Editor at Just Security, a Senior Lecturer at Yale’s Jackson Institute for Global Affairs, and a former FBI Agent specializing in counterintelligence investigations. George is a staff attorney at the Knight First Amendment Institute at Columbia University.

Show Notes:

Marty Lederman (Bluesky – X)
Asha Rangappa (Bluesky – X)
Xiangnong (George) Wang (Bluesky – LinkedIn)
Paras Shah (LinkedIn – X)
Just Security’s U.S. Supreme Court coverage
Just Security’s TikTok coverage
Music: “Broken” by David Bullard from Uppbeat: https://uppbeat.io/t/david-bullard/broken (License code: OSC7K3LCPSGXISVI)

The Supreme Court’s TikTok Decision