We aren't talking about TikTok as an open source software repository. Their registered business, operations, leases/property purchases, payroll, advertising, data mining, international currency transfer and lots more are all not covered by the first amendment and can absolutely be regulated under a million clauses.

I'd be OK with all of that. Sanctions are a thing. Regulation of data storage is a thing. There's space for debate here. But none of that involves logic like "You can't distribute software in my country if you don't let me distribute software in yours", which was the first amendment violation you started with.

You are the only one who framed it in that way.

And the "software is free speech" argument itself doesn't apply when we are talking about something malicious that is installing keyloggers and transferring private data to overseas servers.

I think it still applies even to "malware". It's just irrelevant. I don't understand GP's argument here either.

TikTok is not an American citizen. Nobody is preventing American citizens from printing the source code of TikTok on their tshirts so that people can compile it and use it. This is the only conceivable scenario where the 1st amendment would apply.

And even if that was happening, the US could rightfully ban use of Chinese owned servers in the US. Then we'd get what happens in China: a US-owned entity forms to run TikTok in the US. It is now subject to US rules and regulations etc.

The first amendment applies to US law and the rights of US residents, not to foreign multinationals. The USA can and does restrict the speech of non-Americans in America, such as with respect to political campaign funding.

Plus, criminal speech can be restricted in any case. If it's determined that the TikTok app is violating the law or facilitating the commission of criminal activity, the distribution of that app could itself be deemed a crime, or even worse for app stores, subject them to civil liability.

> Distributing software for you to run on your own hardware is speech, though, and it's protected by the first amendment.

This definitely needs a reference.

This is a strawman argument. No one is telling to stop them from distributing software. Just remove the TikTok servers from operating.