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Banning TikTok Is Unconstitutional. The Supreme Court Must Step In

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Re: Banning TikTok Is Unconstitutional. The Supreme Court Must Step In

#2

Post by Jimmc414 »

First, let me preface that I despise TikTok and I think it is mostly garbage content-wise, however this proposal is simply un-American. Concerns about data privacy and foreign influence are legit, but banning an entire communication platform used by 170 million Americans based on hypothetical threats goes against core First Amendment principles especially considering the government's inability to provide concrete evidence of harm or to explain why less restrictive measures wouldn't suffice. If we allow platforms to be banned based on their parent company's nationality rather than actual demonstrated threats, what is next?

Re: Banning TikTok Is Unconstitutional. The Supreme Court Must Step In

#3

Post by pmarreck »

Jimmc414 wrote: post #2

First, let me preface that I despise TikTok and I think it is mostly garbage content-wise, however this proposal is simply un-American. Concerns about data privacy and foreign influence are legit, but banning an entire communication platform used by 170 million Americans based on hypothetical threats goes against core First Amendment principles especially considering the government's inability to provide concrete evi…

American platforms are already banned in China.

Some of this is a tit-for-tat, I surmise.

The embracing of terrorist sympathizers across the platform is not helping.

Re: Banning TikTok Is Unconstitutional. The Supreme Court Must Step In

#5

Post by Hizonner »

pmarreck wrote: post #3
Jimmc414 wrote: post #2

First, let me preface that I despise TikTok and I think it is mostly garbage content-wise, however this proposal is simply un-American. Concerns about data privacy and foreign influence are legit, but banning an entire communication platform used by 170 million Americans based on hypothetical threats goes against core First Amendment principles especially considering the government's inability to provide concrete evi…

American platforms are already banned in China. Some of this is a tit-for-tat, I surmise. The embracing of terrorist sympathizers across the platform is not helping.

Turns out that US law (and custom) says the US can't do that particular kind of "tit for tat". I wasn't aware that China had a veto over the US Constitution.

Re: Banning TikTok Is Unconstitutional. The Supreme Court Must Step In

#6

Post by fsflover »

pmarreck wrote: post #3
Jimmc414 wrote: post #2

First, let me preface that I despise TikTok and I think it is mostly garbage content-wise, however this proposal is simply un-American. Concerns about data privacy and foreign influence are legit, but banning an entire communication platform used by 170 million Americans based on hypothetical threats goes against core First Amendment principles especially considering the government's inability to provide concrete evi…

American platforms are already banned in China. Some of this is a tit-for-tat, I surmise. The embracing of terrorist sympathizers across the platform is not helping.

> American platforms are already banned in China.

So if Americans are discriminated in China, would you suggest to do the same with the Chinese in US?

Re: Banning TikTok Is Unconstitutional. The Supreme Court Must Step In

#8

Post by kelseyfrog »

The authors Ashley Gorski and Patrick Toomey seem to think that the rule of law and advocating for consistent ruling on constitutionality will have an effect.

If I’ve learned anything about how the Supreme Court works, it’s that this is a political calculation, not a legal one. The outcomes are decided first, and then jurisprudence is employed to substantiate them — not the other way around.

Re: Banning TikTok Is Unconstitutional. The Supreme Court Must Step In

#10

Post by ranger_danger »

Jimmc414 wrote: post #2

First, let me preface that I despise TikTok and I think it is mostly garbage content-wise, however this proposal is simply un-American. Concerns about data privacy and foreign influence are legit, but banning an entire communication platform used by 170 million Americans based on hypothetical threats goes against core First Amendment principles especially considering the government's inability to provide concrete evi…

I have to assume that either there is some ulterior motive at play, or the national security risks themselves cannot be exposed for national security reasons and that this is incompatible with the current justice system unless something like a secret FISA court is involved. Of course that would be a convenient excuse if it weren't actually real, but how would we ever know...
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