Attorney Jerry Taylor breaks down TikTok's First Amendment lawsuit against the U.S. ban. TikTok argues the law targets the platform for political reasons, not security. Taylor predicts the Supreme Court will likely uphold the ban anyway, since courts typically defer to national-security claims.
TikTok has sued the United States government over the law passed in Congress requiring them to either sell the app or face a total ban. So who is going to win this lawsuit? As a lawyer with over 30 years experience, I'll give you my perspective. First off, TikTok has a very strong claim that this law violates their First Amendment right to free speech. And we are talking about TikTok's users' right to free speech. Certainly this has been the first time a law like this has been passed in this country. TikTok will argue that this is primarily about scoring political points versus an actual national security issue, because there has been no direct evidence substantiating the claims that were made by politicians in Congress. Nevertheless, when national security starts getting thrown around in federal courts, the courts lean heavily in favor of that issue, even if it is not well supported. And if it gets to the United States Supreme Court, certainly with the current composition of the court, I believe they will uphold this law based on a national security defense.
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