TikTok v. Garland: the first US platform ban
On 17 January 2025 the Supreme Court unanimously upheld the divest-or-ban law: ByteDance must sell TikTok — or the app is banned in the US. The first case of the US banning a communications platform over its ownership.
Summary
The Protecting Americans from Foreign Adversary Controlled Applications Act (April 2024) required ByteDance to divest TikTok. TikTok and creators sued under the First Amendment (170 million US users). The Court held per curiam: the law serves legitimate national-security interests (data collection by China), and the data collected is “not speech” — the First Amendment does not bar the ban.
Debunking
False: “The US banned TikTok for suppressing opinions.” — The Court’s rationale was data control and propaganda potential — national security, not content censorship. Criticise it on those terms.
Also false: “This is a victory for free speech.” — Banning a platform of 170 million users is never a victory for the users’ speech. It is a balancing ruling that put national security above expressive access.