alt Hacker NewsI 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...)
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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.
This is a limitation on foreign control of TikTok, not a limitation on speech. TikTok can stay in the us market if it eliminates the foreign control
Congress is explicitly empowered in the Constitution to regulate foreign trade. Free speech is not relevant.
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.
I really like reading these because they come with annotations: https://constitution.congress.gov/browse/essay/amdt1-9-1/ALD...
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."
"[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.
That's not right.
Publishing is speech (Bernstein vs United States).
Unpublishing the app would avoid the effects of the Act.
That's a great point. Hadn't thought about that angle
The easier answer is ”This is really eating into Meta’s revenues”
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.