Judicial opinions allowing the government to suppress speech in the name of national security rarely stand the test of time. But time has been unusually unkind to the US supreme court decision that upheld the law banning TikTok, the short-form video platform. The court issued its ruling less than a year ago, but it is already obvious that the deference the court gave to the government’s national security arguments was spectacularly misplaced. The principal effect of the court’s ruling has been to give our own government enormous power over the policies of a speech platform used by tens of millions of Americans every day – a result that is an affront to the first amendment and a national security risk in its own right.
Congress passed the TikTok ban in 2023 citing concerns that the Chinese government might be able to access information about TikTok’s American users or covertly manipulate content on the platform in ways that threatened US interests. The ban was designed to prevent Americans from using TikTok starting in January 2025 unless TikTok’s China-based corporate owner, ByteDance Inc, sold its US subsidiary before then.
