I think the easiest answer to follow for "why is this not prevented by free speech protection" is "the fact that petitioners “cannot avoid or mitigate” the effects of the Act by altering their speech." (page 10 of this ruling, but is a reference to https://en.wikipedia.org/wiki/Turner_Broadcasting_System,_In...)
It's amazing to me how many people are derailed by the free speech argument.
This is about who controls the network, not the content on the network.
There is a law that only U.S. citizens can own TV stations. That's why Murdoch became a US citizen (allowing him to buy Fox). This is in a similar vein.
If you followed the politics of the TikTok ban, it was absolutely about the content of the network.
US Congresspeople and Senators were angry that TikTok would not censor or de-emphasize pro-Palestinian / anti-Israeli content, whereas Facebook much more actively de-boosted that kind of content. All previous attempts to ban TikTok failed to gain traction, until the Gaza war began, and that issue convinced many politicians in the US to back a ban.
right you really have to be not paying attention or be living in an alternative facts world. For instance look on X, there are literally thousands of paid for foreign propaganda bots trying to inject hatred and division in the USA and they have free reign and the government is not trying to stop them after Musk told them "no". Soon it starts happening to facebook, except there is no "paid" bluecheck account, the result will be the same. TikTok is a clear and present attempt by a centralized foreign advesary to do the same thing, but they will be treated differently because it's the enemy from without and not owned by an American company.
> There is a law that only U.S. citizens can own TV stations.
The communications act did not ban already-existing networks, and it did not ban specific providers. The tiktok ban is targeted specifically against one social media that the government does not like[1], with a thin veneer of "security concern" that people might specifically choose to share their contact list and that one of those contacts may be in a sensitive position.
[1] I don't even really think it's about the government not liking it! They thought they could get cheap support by drumming up anti-chinese sentiment and they ran with it. It's the most pathetic kind of politicking.
Simple answer. A chinese owned company has no such rights or protections. Free speech does not apply. The law also does not censor content (so no free speech violation anyway). The law simply bans the distribution of the app on marketplaces stores for reasons stated (national security). Big difference.
> Simple answer. A chinese owned company has no such rights or protections. Free speech does not apply.
The Constitution does not place limits on which people are protected by it (you don't have to be a citizen for it to apply as the founders were looking to limit the powers of their government not their citizens). And with the expansion of those protections to corporations through Citizens United, I'd be surprised if a court found that `company + foreign != person + foreign` when they've decided `company == person`. (Well not surprised by this Court.)
> The law also does not censor content (so no free speech violation anyway). The law simply bans the distribution of the app on marketplaces stores for reasons stated (national security). Big difference.
The rest of your comment still stands right in my eyes. National Security has often been used as a means to bypass many things enshrined by the Constitution.
Cool, so is all US companies in all other countries around the world then, no protections. All countries in the world, USA just showed it is perfectly fine to steal a foreign companies' asset. Let's do that to all USA companies, Apple, Amazon, Nvidia, Tesla, Boeing, Qualcomn, Intel, all of them. U know how rich you will be if you just got a piece of them? U know you could end homelessness, poverty, balance trade, stabilize your currency, elevate tax revenues, get free education and health care for your citizens, provide great jobs if you just got a piece of USA companies? Now you can! All of them can be Indian, Germany, France, UK, Poland, Brazilian, Mexican, Canadian, Kenyan, Egyptian companies. Everyone gets a piece, everyone gets them equally, everyone will benefit and be happy!
I get this argument, and obviously it's not stopping people from uploading the same content other places. But isn't there (or shouldn't there be) something about not banning what people can consume? Like could the US ban aljazeera? Or banning foreign books?! And still TikTok is different, because it's about the potential for quietly manipulating or curating what is seen, even if that content is produced domestically... And even if people can use other apps, there's still a community and subcultures that are being dismantled.
There is limitation of foreign control of all foreign companies in all countries. USA companies can stay in the world markets if it sells itself to owners of that country. All USA companies, Apple, Amazon, Nvidia, Tesla, Boeing, Qualcomn, Intel, all of them, can be Indian, Germany, France, UK, Poland, Brazilian, Mexican, Canadian, Kenyan, Egyptian companies.
Interesting that the reference linked is in reference to must-carry regulation. The tiktok scenario is the opposite though? Must-not-carry that content! I suppose Uncle Sam's sword cuts both ways.
Also, more directly for those in the back, the actual first amendment:
> Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The first amendment doesn't guarantee the speaker a venue for their speech. You're still free to say whatever you want to say, so long as it doesn't cross any other laws, in or on whatever other private venues or town squares you so choose.
To turn your question around, rather than spending time defending TikTok I wish people would spend time thinking about the need for actual privacy laws. The kind of laws that outline data governance and the extents to which an individual can expect their individual privacy to be respected. Maybe then we can play less whack a mole with invasive and potentially harmful social software.
Sweet summer child, do you think TikTok would've been banned if it didn't come into focus as a hotbed for pro-Palestinian content?
"The issue in the United States for support of Israel is not left and right. It is young and old. And the numbers of young people who think that Hamas' massacre was justified is shockingly and terrifyingly odd. And so we really have a TikTok problem."
Something very appalling has just taken place in the USA. Old people have muzzled the free speech of young people. Americans spend more hours on TikTok than on television (but it mostly skews to young people), and now it's been taken away.
If TikTok were sold to an American company, as the new law demands, why would that change anything about the amount of pro-Palestinian content? Just because the ADL said they don't like TikTok does not mean that's the motivation for the bill. You're still allowed to criticize Israel as much as you were a decade ago (which is to say, less than you're allowed to criticize the US, for some reason ;) but still).
TikTok was specifically banned because of one main reason. When it was being discussed in congress, they told their users to complain to their congresspeople, and posted their congresspersons number. Then when a bunch of unhinged teens called threatening to kill themselves, congress members rightfully went "What the fuck" and the bill gained enormous support
Tik tok was banned because it tried to use children to start a political movement. Unfortunately for them children can not vote so the movement did nothing other than scare adults.
insane_dreamer|1 year ago
This is about who controls the network, not the content on the network.
There is a law that only U.S. citizens can own TV stations. That's why Murdoch became a US citizen (allowing him to buy Fox). This is in a similar vein.
DiogenesKynikos|1 year ago
US Congresspeople and Senators were angry that TikTok would not censor or de-emphasize pro-Palestinian / anti-Israeli content, whereas Facebook much more actively de-boosted that kind of content. All previous attempts to ban TikTok failed to gain traction, until the Gaza war began, and that issue convinced many politicians in the US to back a ban.
EasyMark|1 year ago
hwillis|1 year ago
The communications act did not ban already-existing networks, and it did not ban specific providers. The tiktok ban is targeted specifically against one social media that the government does not like[1], with a thin veneer of "security concern" that people might specifically choose to share their contact list and that one of those contacts may be in a sensitive position.
[1] I don't even really think it's about the government not liking it! They thought they could get cheap support by drumming up anti-chinese sentiment and they ran with it. It's the most pathetic kind of politicking.
yobid20|1 year ago
jmholla|1 year ago
The Constitution does not place limits on which people are protected by it (you don't have to be a citizen for it to apply as the founders were looking to limit the powers of their government not their citizens). And with the expansion of those protections to corporations through Citizens United, I'd be surprised if a court found that `company + foreign != person + foreign` when they've decided `company == person`. (Well not surprised by this Court.)
> The law also does not censor content (so no free speech violation anyway). The law simply bans the distribution of the app on marketplaces stores for reasons stated (national security). Big difference.
The rest of your comment still stands right in my eyes. National Security has often been used as a means to bypass many things enshrined by the Constitution.
concinds|1 year ago
https://www.eff.org/deeplinks/2025/01/eff-statement-us-supre...
beej71|1 year ago
This is red alert talk. We need to make damned sure we know exactly what we're asking for here and that we're not giving up more than we mean to.
garbagewoman|1 year ago
russli1993|1 year ago
groggo|1 year ago
nilsbunger|1 year ago
russli1993|1 year ago
garbagewoman|1 year ago
imgabe|1 year ago
garbagewoman|1 year ago
gnkyfrg|1 year ago
[deleted]
rjp0008|1 year ago
oooyay|1 year ago
Also, more directly for those in the back, the actual first amendment:
> Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The first amendment doesn't guarantee the speaker a venue for their speech. You're still free to say whatever you want to say, so long as it doesn't cross any other laws, in or on whatever other private venues or town squares you so choose.
To turn your question around, rather than spending time defending TikTok I wish people would spend time thinking about the need for actual privacy laws. The kind of laws that outline data governance and the extents to which an individual can expect their individual privacy to be respected. Maybe then we can play less whack a mole with invasive and potentially harmful social software.
roncesvalles|1 year ago
"The issue in the United States for support of Israel is not left and right. It is young and old. And the numbers of young people who think that Hamas' massacre was justified is shockingly and terrifyingly odd. And so we really have a TikTok problem."
"[TikTok] is like Al Jazeera on steroids."
- Jonathan Gleenblat, ADL.
https://www.reddit.com/r/IsraelCrimes/comments/1i3vwll/we_ha...
Something very appalling has just taken place in the USA. Old people have muzzled the free speech of young people. Americans spend more hours on TikTok than on television (but it mostly skews to young people), and now it's been taken away.
soerxpso|1 year ago
daedrdev|1 year ago
HDThoreaun|1 year ago
zahlman|1 year ago
lemon_zest|1 year ago
[deleted]
lupire|1 year ago
Publishing is speech (Bernstein vs United States).
Unpublishing the app would avoid the effects of the Act.
whiddershins|1 year ago
curiousllama|1 year ago
nikanj|1 year ago