“Justices’ TikTok Ruling Sets Stage For 1st Amendment Battle”

Chris Sakauye, Jimmy Azadian, and Chantel Febus authored the Law360 Expert Analysis article, “Justices’ TikTok Ruling Sets Stage For 1st Amendment Battle.” In the article, the authors examine the U.S. Supreme Court's ruling in TikTok v. Garland and Firebaugh v. Garland, which upheld the Protecting Americans from Foreign Adversary Controlled Applications Act, requiring TikTok’s Chinese parent company, ByteDance, to divest or face a ban.

The authors explore how the Court justified its decision based on national security concerns while sidestepping a key First Amendment issue—whether restrictions on nonexpressive activity that burden free speech warrant heightened scrutiny. The article highlights the broader implications of the ruling, suggesting it sets the stage for future legal battles over government regulation of social media platforms and their ownership.

Click here to read the full article on Law360.