The Supreme Court ruled in January 2025 that TikTok restrictions were content-neutral because they targeted foreign data collection, not specific speech.
Content neutrality means government can't regulate speech based on its message or viewpoint. A city can limit noise levels in residential areas but can't ban only political protests while allowing other loud activities. The Court applies strict scrutiny to content-based restrictions and intermediate scrutiny to content-neutral ones, making it much easier for government to justify rules that don't target specific messages. The distinction shapes whether laws survive First Amendment challenges, making seemingly technical classifications into battles over what speech government can control.