Comment by ipython
However forcing TikTok to divest of foreign ownership is not restricting the rights of Americans to express their opinions. Americans are free to widely exercise their first amendment rights- the TikTok order to divest foreign ownership doesn’t affect those users ability to speak. The first amendment does not guarantee you access to a specific platform- it means that the bar for the government to imprison you for speech is very high (you can be held in contempt for lying under oath, for example)
I would argue that in this case the platform itself is expressing speech by ranking, recommending and promoting certain content. A foreign entity has no such first amendment right- we have had restrictions on foreign ownership of news media for decades now.
I think it’s an interesting issue especially now that you have TikTok users who think they’re being treated unfairly moving to a pure Chinese platform RedNote and encountering actual censorship. https://amp.cnn.com/cnn/2025/01/16/tech/tiktok-refugees-redn....
And now unconfirmed reports that RedNote is considering segregating the new American users from the Chinese users, ironically so Americans couldn’t influence Chinese users - https://arstechnica.com/tech-policy/2025/01/rednote-may-wall...
I would disagree, the first amendment in fact does protect platforms for speech. If the government tried to ban the New York Times through an act of Congress, the Supreme Court would strike that down.
In this case, the fact that the platform is foreign and that the foreign owner is considered hostile to the US carves out an exception.