Wednesday, March 20, 2024

Legalities of the TikTok Ban

 There has been a lot of chatter about the potential TikTok ban. This has been mentioned in past years, but it never actually came to fruition. This time, it has made it past the House. I saw an article on the Wall Street Journal discussing the legal showdown this would cause- National security vs. Free Speech. 

TikTok is so popular that it is the catalyst for some creator's entire career. Without the app, would there be a violation of people's First Amendment rights? There are over 130 million American users on TikTok. Another article regarding this issue stated: 

 "To overcome First Amendment concerns, the government will likely need to demonstrate that forced divestment or otherwise banning the app advances a compelling government interest and represents the least restrictive means of advancing that interest." 

I think that arguments can be made either way. On one hand, if TikTok were no longer available, I am sure another app or platform of some sort would be created, similarly to how TikTok was created after Vine disappeared. On the other hand, creators shouldn't have to do this. The hassle of finding a new platform and trying to maintain a similar following would be challenging. 

Another potential issue with a ban would be the pattern it could potentially create- Censorship. Other platforms may feel that they are able to censor content. This would just be another free speech issue. 

I do not feel super strongly about whether or not the bill should pass, because I do think that there could be some positives. TikTok can be a toxic environment, especially for younger children. I think it is interesting that this has made it past the House and that it is actually gaining momentum this time. I am curious to see if it gets to the point of a concrete legal battle regarding its First Amendment implications. 



2 comments:

  1. For entrepreneurs who rely exclusively on TikTok to promote their business, they failed to learn the importance of diversification. When a possible TikTok ban was discussed several years ago, the first thing they should have done is to start moving some of their promotional work over to YouTube or other competitors. This is a good lesson for law firm marketing. Don't focus efforts exclusively on a single medium or platform.

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  2. Hey Kaliope,

    I agree that TikTok can be a toxic environment and has alot of negative effects on our youth as far as internet addictions, "doom scrolling" and being exposed to unsensored content. I find myself scrolling endlessly on the mindnumbing content on TikTok most nights thinking why am I doing this, but also it's not the government's job to step in to stop that.

    I would think that most content creators are diversified between multiple platforms, but with the release of the TikTok Shop recently, creators can potentially be losing out on serious revenue should this ban be enacted. Im curious how this will all pan out. Great post!

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