Supreme Court, Applying Intermediate Scrutiny, Upholds TikTok Ban Against First Amendment Challenge on Grounds That It Allows a Foreign Adversary to Spy on Americans

The result was unanimous, in a per curiam opinion and two concurrences (by Sotomayor and Gorsuch).

The nub, as Justice Gorsuch put it at the end of his concurrence, was this: “Speaking with and in favor of a foreign adversary is one thing. Allowing a foreign adversary to spy on Americans is
another.”

TikTok’s survival now depends on political action by Congress and the President.

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