U.S. government should not be able to restrict speech, in this case by cutting off a tool used by 170 million Americans to receive information and communicate with the world, without proving with evidence that the tools are presently seriously harmful. But in this case, Congress has required and the DC Circuit approved TikTok’s forced divestiture based only upon fears of future potential harm. This greatly lowers well-established standards for restricting freedom of speech in the U.S.
So we are pleased that the Supreme Court will take the case and will urge the justices to apply the appropriately demanding First Amendment scrutiny.