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But thecourt’s unsigned opinionand two concurrences also revealed deeper divisions on the court over how the First Amendment applies to social media.

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“Make no mistake, by allowing the ban to go into effect, the Supreme Court has weakened the First Amendment and markedly expanded the government’s power to restrict speech in the name of national security,” said Jameel Jaffer, executive director of the Knight First Amendment Institute. “Its implications for TikTok may be limited, but the ruling creates the space for other repressive policies in the future.”

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In other words, the court reasoned, the law may not have anything to do with shutting down cat videos on TikTok. It’s about forcing a major company to cut ties with a foreign adversary.

“It is not clear that the act itself directly regulates protected expressive activity, or conduct with an expressive component,” the opinion read.

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But the TikTok case, the court said, was not the vehicle for breaking new ground in the First Amendment sphere. Instead, the court raised the question and then declined to answer it.

“We assume without deciding that the challenged provisions … are subject to First Amendment scrutiny,” the opinion read.

Why is Jaypee Infratech Limited (533207) falling ✌️【Stock Opportunities】✌️ Free real-time stock data analysis to help you capture global market trends and steadily grow your capital. That assumption was seen as wholly inadequate for Justice Sonia Sotomayor, who wrote in a brief concurrence that she agreed with all the court’s legal reasoning except that part. It is clear, Sotomayor said, that the First Amendment was implicated in the TikTok case.

“I see no reason to assume without deciding that the Act implicates the First Amendment because our precedent leaves no doubt that it does,” the court’s senior liberal justice wrote.

Pointing to social media cases the court decided last year that dealt with the content hosted on platforms, Sotomayor said that “TikTok engages in expressive activity by ‘compiling and curating’ material on its platform.”

In those cases, which dealt with laws enacted by Florida and Texas that were intended to ensure conservative views are not throttled on social media, a majority of the court said that curation decisions by social media were expressive activity, though that wasn’t central to the court’s decision.

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In its decision, the Supreme Court focused almost entirely on the data collection piece of that argument. That allowed the court to focus heavily on an issue that didn’t involve potential First Amendment protection.

“The platform collects extensive personal information from and about its users,” the court’s unsigned opinion read.

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“But TikTok’s scale and susceptibility to foreign adversary control, together with the vast swaths of sensitive data the platform collects, justify differential treatment to address the government’s national security concerns,” the opinion stated.

For decades, the Supreme Court has been leaning into First Amendment protections in a way that has blurred the conservative-liberal divide that often decides high-profile culture war cases.

In addition to rejecting TikTok’s challenge to the ban on First Amendment grounds, the court also signaled it may be prepared to reject another speech challenge dealing with obscenity.

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Of particular note during those arguments was Chief Justice John Roberts, who repeatedly suggested that the court might consider revisiting precedents protecting obscenity online.

“The technological access to pornography, obviously, has exploded,” Roberts said. “It was very difficult for 15-year-olds … to get access to the type of thing that is available with the push of a button today.”

Is rethinking the court’s approach something that “we should at least consider,” Roberts asked, “as opposed to keeping a structure that was accepted and established in an entirely different era?”

Experts originally expected the app to at least be removed on Sunday from the Apple and Google app stores — which could face fines under the law for continuing to host TikTok after the deadline. TikTok took that one step farther in recent days, suggesting that it might “go dark” even for those who have already downloaded the app without intervention from the Supreme Court.

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