The ongoing case involving TikTok raises pivotal questions about the balance between national security concerns and First Amendment protections. Among the critical issues are the standards the government must meet to regulate speech under the guise of national security and the broader implications this case may have on First Amendment jurisprudence.
Jennifer Huddleston is a senior fellow in technology policy at the Cato Institute. Her research focuses on the intersection of emerging technology and law, with a particular interest in the interactions between technology and the administrative state. She has engaged in significant commentary regarding this case both on panels and in her writings, as illustrated in the links below.
She has provided the following immediate analysis regarding the decision for use in your coverage and may be able to respond to further requests for comment and analysis:
- First Amendment and National Security Concerns: “Among the important issues in this case were what standard must be met for the government to engage in speech regulation in the name of national security and what burden it must meet in asserting those claims. The court found that with regard to the national security debate with TikTok, the government had satisfied the burden of the least restrictive means to satisfy a compelling government interest. How narrow or broadly the impact of this decision will matter not only in the debate around TikTok or even other apps that may have foreign ties but could have broader repercussions in First Amendment jurisprudence.”
- Practical and Legal Questions on Divestment: “Many questions remain about what a potential divestment would even entail in the limited time remaining for such actions. To continue the challenge, the parties would need to appeal to the circuit en banc or the Supreme Court.”
Jennifer can also provide nuanced insights into the legal and policy implications of the decision, as well as its potential impact on tech innovation and global digital policy.
Here is a review of recent contributions she has made on this subject:
- US Wants to Ban TikTok, but First Amendment Demands Stronger Case on National Security
- To Protect Free Speech, Congress Should Consider Alternatives to Banning TikTok
- Could the Latest TikTok “Ban” Pass Constitutional Muster?
- What’s Next for TikTok? A Brief Explanation
- Jen participated in the panel “Dangerous Dancing?: TikTok, National Security, and the First Amendment,” hosted by The Institute for Rebooting Social Media — Berkman Klein Center at Harvard University.
Please let us know if you would like to connect with Jennifer for an interview or further commentary.
Josh Grossman
pr@cato.org
