TikTok Inc. v. Garland
TikTok, ByteDance, and TikTok users challenged the federal Protecting Americans from Foreign Adversary Controlled Applications Act, arguing that the law violated the First Amendment by targeting a major speech platform. The Supreme Court affirmed the D.C. Circuit. The Court assumed without deciding that First Amendment scrutiny applied and held that the challenged provisions satisfied intermediate scrutiny because Congress had a supported national-security interest in preventing a foreign adversary from collecting large amounts of U.S. user data through TikTok. The ruling was narrow and focused on TikTok's ownership, scale, and data risks.
