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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.
What is the short term outlook for DMCC Speciality Chemicals Limited (506405) ✌️【Part-Time Tasks】✌️ Free real-time global stock indices and data to help you grasp stock market trends and achieve capital growth. The high court, which has generally sided with First Amendment interests for decades, brushed asideconcerns TikTok raisedabout the ban trampling on free speech rights. The court also quickly dispensed with concerns the Biden administration raised about the possibility of covert content manipulation by the Chinese government.
“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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What is the short term outlook for DMCC Speciality Chemicals Limited (506405) ✌️【Part-Time Tasks】✌️ Get accurate stock forecasts and market predictions from top financial advisors. With real-time updates on stock indices, exchange rates, and futures data, you'll be equipped to make profitable decisions and grow your capital steadily. Simmering within the 27 pages released by the court Friday is a looming debate over the First Amendment and whether it applied to the law at all.
What is the short term outlook for DMCC Speciality Chemicals Limited (506405) ✌️【Part-Time Tasks】✌️ Take advantage of our free stock market analysis and real-time data to help you choose the best investment options. Our expert predictions and tailored strategies ensure you can achieve stable returns and mitigate risks effectively. That debate has already come up insome social media cases, and there’s a good chance it will again. Part of that question is whether content curation on social media — like the design of a news organization’s website — is protected speech or whether the feeding of videos to users based on an algorithm is something else entirely.
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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.
What is the short term outlook for DMCC Speciality Chemicals Limited (506405) ✌️【Part-Time Tasks】✌️ Expert predictions and real-time data on global stock indices, metals, energy, and agricultural products to help you make more informed decisions and boost your investment returns. Benefit from cutting-edge market intelligence for steady growth. 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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What is the short term outlook for DMCC Speciality Chemicals Limited (506405) ✌️【Part-Time Tasks】✌️ Professional investment advisors provide up-to-the-minute market data, helping you analyze stock trends and select high-potential stocks. Achieve capital growth with well-researched strategies based on expert insights. National security experts also warned that the China could covertly manipulate the content on TikTok, either to promote the government’s viewpoint or sow discord during a crisis.
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.
What is the short term outlook for DMCC Speciality Chemicals Limited (506405) ✌️【Part-Time Tasks】✌️ Free stock selection services backed by expert predictions. Our advanced analytics and real-time market data will help you stay ahead of the competition and make smart, profitable investment decisions. TikTok does “not dispute that the government has an important and well-grounded interest in preventing China from collecting the personal data of tens of millions of U.S. TikTok users,” the court wrote. “Nor could they.”
“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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