TikTok and the First Amendment: Previewing some of the free speech issues

TikTok is on the verge of a potential federal ban in the United States. This development echoes a previous situation in Montana, where a 2023 state law attempted to ban TikTok but faced legal challenges. TikTok and its users filed a lawsuit against the state, claiming the ban violated their First Amendment rights. The federal court sided with TikTok and the users, blocking the Montana law from being enforced on the grounds that it infringed on free speech.

The court’s decision highlighted that the law restricted TikTok users’ ability to communicate and impacted the company’s content decisions, thus failing to meet the intermediate scrutiny standard applicable to content-neutral speech restrictions. The ruling criticized the state’s attempt to regulate national security, deeming it outside the state’s jurisdiction and excessively restrictive compared to other available measures such as data privacy laws. Furthermore, the court noted that the ban left other similar apps unaffected and failed to provide alternative communication channels for TikTok users reliant on the app’s unique features.