The case involves the Protecting Americans from Foreign Adversary Controlled Applications Act, which will make it unlawful for companies in the U.S. to provide services to distribute, maintain, or update TikTok unless its U.S. operations are severed from Chinese control. Petitioners, including TikTok Inc. and U.S. TikTok users, argue that the Act violates the First Amendment.

The U.S. Court of Appeals for the District of Columbia Circuit consolidated and denied the petitions, holding that the Act does not violate the First Amendment. The court assumed strict scrutiny applied but found the Act satisfied this standard, citing compelling national security interests and narrow tailoring. Chief Judge Srinivasan concurred, suggesting intermediate scrutiny was appropriate and the Act was constitutional under that standard.

The Supreme Court reviewed whether the Act, as applied to petitioners, violates the First Amendment. The Court assumed without deciding that the Act’s provisions are subject to First Amendment scrutiny. It found the Act’s prohibitions and divestiture requirement content-neutral, justified by the government’s interest in preventing China from collecting sensitive data from U.S. TikTok users. The Court applied intermediate scrutiny, concluding the Act furthers an important government interest and does not burden substantially more speech than necessary.
FOR FULL OPINION;
TIC TOC V GARLAND