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The Lawfare Podcast

Lawfare Archive: A TikTok Ban and the First Amendment

Dec 22, 2024
Ramya Krishnan is a staff attorney at the Knight First Amendment Institute, while Mary-Rose Papendrea is a constitutional law professor at UNC. They debate the legality of banning TikTok, emphasizing First Amendment rights versus national security concerns. The discussion highlights how TikTok's popularity among youth clashes with the government's fears about data security. They explore legal precedents and suggest that a blanket ban may not be the best solution, advocating for alternative risk management strategies instead.
47:13

Podcast summary created with Snipd AI

Quick takeaways

  • The legal debate over a TikTok ban centers on First Amendment rights, raising concerns about prior restraint on speech and judicial scrutiny.
  • National security arguments for banning TikTok face challenges in court, as they must be backed by substantial and specific evidence to be credible.

Deep dives

Constitutional Framework for a TikTok Ban

The discussion explores the legal framework surrounding a potential ban on TikTok, emphasizing the First Amendment implications. Challengers of the ban may argue that it acts as a prior restraint on speech, which demands the highest level of scrutiny from the courts. The government could contend that the ban is content-neutral and less stringent, but it must still demonstrate that it serves a compelling interest and is narrowly tailored. The complexity of these frameworks illustrates that the outcome in court is uncertain and contingent on how the government articulates its reasons for the ban.

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