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Re:Supreme Court rules to uphold TikTok ban, setting stage f... by JumpCrisscross on Friday January 17, 2025 @12:59PM (#42741223)
> first amendment doesn't apply here

It absolutely does. (It’s in the opinion.)

It just isn’t the Wild Draw 4 some people imagine it to be. You can’t commit fraud or libel or false advertising and claim First Amendment protection. Similarly, there are levels of scrutiny when the government claims national security to shut down a media platform.

Re:Supreme Court rules to uphold TikTok ban, setting stage f... by kopecs on Friday January 17, 2025 @02:58PM (#42742602)
> It absolutely does. (It’s in the opinion.)

The opinion actually assumes without deciding that First Amendment scrutiny applies, so I don't think it "absolutely" does. (But yes, it probably does and Sotomayor and Gorsuch would decide as much)