U.S. Supreme Court Oral Arguments

TikTok, Inc. v. Garland

14 snips
Jan 10, 2025
Mr. Francisco, a lawyer for TikTok, General Prelager, the government’s Solicitor General, and Mr. Fisher, representing American creators, dive into the complex legal landscape surrounding the TikTok case. They discuss the potential infringement of the First Amendment due to government attempts to regulate the platform based on national security concerns. The conversation highlights the balance between protecting citizens and preserving free speech, questioning the implications of foreign ownership on content moderation and censorship while advocating for thoughtful legislative solutions.
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ANECDOTE

Bezos Hypothetical

  • Francisco used a hypothetical about China coercing Bezos to illustrate control.
  • He argued this would violate both Bezos' and the Post's First Amendment rights.
INSIGHT

Scrutiny Level

  • Justice Alito questioned the level of scrutiny applied to TikTok's speech rights.
  • He presented a scenario involving criminal threats and government intervention.
INSIGHT

Historical Precedent

  • Justice Kavanaugh highlighted a historical precedent of restricting foreign media ownership.
  • Francisco argued this history is irrelevant due to bandwidth scarcity's historical context.
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