Commentary: The Difference Between Tiktok and Free Expression

January 19, 2025 1 min read

Allison Stanger 
The Atlantic

Excerpt: In ruling Friday on the future of the social-media app TikTok, the Supreme Court understood it was dealing with a novel issue. “We are conscious that the cases before us involve new technologies with transformative capabilities,” the justices declared in a per curiam opinion. “This challenging new context counsels caution on our part.” 

When the nation’s Founders enshrined freedom of speech in the First Amendment, they couldn’t have imagined phone apps that amplify information around the world almost instantaneously—much less one controlled by a foreign power, as TikTok is, and capable of tracking the movements, relationships, and behaviors of millions of Americans in real time.

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