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Re:Supreme Court rules to uphold TikTok ban, setting stage f... by blindriver on Friday January 17, 2025 @11:38AM (#42739907)
First amendment rights is the only argument that I agree with keeping TikTok alive. However if there is proof that China is manipulating the algorithm to feed the worst manipulative content to Americans then I do think there’s a national security concern here.
Re:Supreme Court rules to uphold TikTok ban, setting stage f... by p_j_w on Friday January 17, 2025 @11:39AM (#42739941)
There are no carve outs for national security in the First Amendment.
Re:Supreme Court rules to uphold TikTok ban, setting stage f... by smt88 on Friday January 17, 2025 @11:52AM (#42740150)
Yes there are. The First Amendment is limited by compelling government interest, which (in practice) means it can be fairly arbitrarily by SCOTUS.

https://firstamendment.mtsu.edu/post/what-the-first-amendmen...

Re:Supreme Court rules to uphold TikTok ban, setting stage f... by nickelpro on Friday January 17, 2025 @11:52AM (#42740135)
The SCOTUS opinion does not rely on a national security interest to justify itself, merely that the ban is content neutral and thus is subject to intermediate scrutiny.
Re:Supreme Court rules to uphold TikTok ban, setting stage f... by throwaway199956 on Friday January 17, 2025 @12:06PM (#42740429)
What does intermediate scrutiny mean?
Re:Supreme Court rules to uphold TikTok ban, setting stage f... by nickelpro on Friday January 17, 2025 @12:10PM (#42740502)
Re:Supreme Court rules to uphold TikTok ban, setting stage f... by Spunkie on Friday January 17, 2025 @11:55AM (#42740213)
This is an especially superficial take, sure the Constitution says nothing about national security but reality sure does...

Any person that has ever gotten a security clearance has given up some of their first amendment rights to do it and if they talk about the wrong thing to the wrong person they will absolutely go to jail.

And as always the classic example of free speech being limited still stands. Go yell FIRE in a crowded movie and see how your dumbass 1st amendment argument keeps you out of jail.

Re:Supreme Court rules to uphold TikTok ban, setting stage f... by xigency on Friday January 17, 2025 @12:27PM (#42740774)
Bit of a non-sequitor here but the classic example of yelling 'Fire' in a theater has me thinking about public safety. Obviously there have been many crowd-crush related injuries and fatalities throughout history. But we've also come a long way since the 1800's or 1900's with fire drills, emergency exits, etc.

It almost seems like any hazard or danger from a false alarm (intentional or otherwise) should be the liability of the owners or operators of a property for unsafe infrastructure or improper safety briefing.

Anyway, I don't expect that to appear as a major legal issue, given this is primarily used as a rhetorical example.

Re:Supreme Court rules to uphold TikTok ban, setting stage f... by croes on Friday January 17, 2025 @11:41AM (#42739965)
Lets face the truth, the user get what they want, no need to manipulate.

Just look at US social media sites. It’s not like they push MINT content, do they?

Re:Supreme Court rules to uphold TikTok ban, setting stage f... by throwaway199956 on Friday January 17, 2025 @11:40AM (#42739952)
"Congress shall make no law abridging the freedom of speech".

First ammendment protections have no National security caveats.

Re:Supreme Court rules to uphold TikTok ban, setting stage f... by kube-system on Friday January 17, 2025 @11:50AM (#42740105)
That is completely false. There are many exceptions to the first amendment which the court has decided don't abridge the freedom of speech.

A classic example of this: https://en.wikipedia.org/wiki/Threatening_the_president_of_t...

Re:Supreme Court rules to uphold TikTok ban, setting stage f... by CamperBob2 on Friday January 17, 2025 @12:03PM (#42740365)
The courts can say anything they want, and they did... but then, so could the authors of the First Amendment, and they didn't.
Re:Supreme Court rules to uphold TikTok ban, setting stage f... by kube-system on Friday January 17, 2025 @12:13PM (#42740559)
I'm not really sure what point you're trying to make, but the law is whatever congress has passed, whatever the courts have interpreted, and whatever the executive executes. People who read the Constitution and make up their own interpretation clearly missed the part about the separation of powers and the role of the judiciary.
Re:Supreme Court rules to uphold TikTok ban, setting stage f... by CamperBob2 on Friday January 17, 2025 @06:23PM (#42744293)
I'm not really sure what point you're trying to make, but the law is whatever congress has passed, whatever the courts have interpreted, and whatever the executive executes.

My point is, the First Amendment tells Congress not to do that.

What exactly does "shall make no law" mean to you? Be specific.

Re:Supreme Court rules to uphold TikTok ban, setting stage f... by kube-system on Friday January 17, 2025 @06:59PM (#42744524)
The text says "Congress shall make no law abridging the freedom of speech"

It doesn't say "Congress shall make no law regulating any kind of speech"

The difference between these two, if it isn't already obvious, is that people do not have a right to all types of speech.

Congress can, always could, and always has regulated speech for which people do not have a recognized right to make. Things like fraud or threats are not legal, and Congress is absolutely within their right to make these types of speech illegal, and it would be silly and unfounded to suggest that they couldn't.

Furthermore, your personal interpretation of the text is irrelevant. The Constitution itself delegates the judiciary as the body which can interpret it. And they have, many times, ruled that the 1st has exceptions.

So you may have a strong opinion about what you want the law to be, but you are not correct about what is actually is.

Re:Supreme Court rules to uphold TikTok ban, setting stage f... by CamperBob2 on Friday January 17, 2025 @07:25PM (#42744662)
(Shrug) You read it the way you like, and I'll do the same. You win, though, because the people who agree with you have all the cool guns.
Re:Supreme Court rules to uphold TikTok ban, setting stage f... by kube-system on Friday January 17, 2025 @07:35PM (#42744711)
I never told you what my opinion was. I'm just saying that, yes, it's the people with the guns who decide what the law is and what it isn't. And the above is what they've said it means. The rest of us merely have opinions.
Re:Supreme Court rules to uphold TikTok ban, setting stage f... by parineum on Friday January 17, 2025 @11:57AM (#42740251)
Bytedance was trying to make your argument. The ruling is that the first ammendment doesn't apply and that was always a stretch for Bytedance as illustrated by the unanimous decision.
Re:Supreme Court rules to uphold TikTok ban, setting stage f... by insane_dreamer on Friday January 17, 2025 @11:36PM (#42745872)
> However if there is proof that China is manipulating the algorithm

it doesn't matter whether they have manipulated the algorithm so far; the issue is that they have the _ability_ to manipulate the algorithm if they choose to. It's not hard to imagine how big of a problem this would be if China and the US indirectly went to war over Taiwan, for example.