

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.
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First Amendment Challenge to TikTok Ban
- Challenging a TikTok ban involves First Amendment arguments.
- The government must demonstrate a compelling interest and narrowly tailored approach.
National Security and First Amendment Scrutiny
- National security doesn't eliminate First Amendment scrutiny, but courts might show deference.
- Governments asserting national security interests don't automatically win.
Past TikTok and WeChat Ban Challenges
- Previous TikTok and WeChat bans were challenged on First Amendment grounds.
- Courts argued that less restrictive alternatives existed, rejecting national security interests as sufficient for a complete ban.