Re:TikTok says it is restoring service for U.S. users
by djcapelis on Sunday January 19, 2025 @08:03PM
(#42763871)
Yes, most of the court felt intermediate scrutiny was the appropriate standard in part because of the reasons you outlined.
(I also agree that this is a different case, I only point to Bernstein because it is a clear part of case law which states that software distribution is and can be a free speech issue and restraints on it would expected to be evaluated with some level of scrutiny.)
The foreign-controlled part in particular implicates Congress's obvious and explicit power to regulate international trade, and it seems obvious to me that there would be something less than strict scrutiny applied to alleged violations of the 1A when that Congressional power is in play.