Hacker News new | ask | show | jobs
by blsapologist42 1195 days ago
TikTok itself doesn't produce any content. They host the content of others. So shutting down TikTok cannot infringe on TikTok's own first amendment rights. Compare to last year when the FCC's ban on chinese telecom companies was upheld.

So the only question is does it infringe the rights of the users posting content. This is a better argument. One thing on the government's side is that content-neutral bans are a lot easier to justify as long as they serve a significant government interest and provide alternative avenues for expression. The latter seems easy to argue since TikTok has many alternatives (YouTube, Instagram, and others). And I think they could probably convince judges that national security is compelling enough.

Note that the comparison to Trump's actions in 2020 isn't really valid since that wasn't done via law. It seems like the author just threw in Trump's name because he is unpopular?