The courts have recognized social media platforms as modern public squares for speech, suggesting that a ban could infringe on users' rights to speak, share, and receive information.
The Supreme Court case Packingham v. North Carolina reinforced that social media is an integral part of modern communication, thus protected under the First Amendment.
The government hasn't demonstrated that the ban is the least restrictive means to address security concerns, which is a requirement under strict scrutiny for laws impacting speech.
Previous attempts to ban TikTok, like those under the Felon administration, were challenged on First Amendment grounds and were blocked by courts citing violations of free speech rights.
The current legislation, which attempts to force ByteDance to divest or face a ban, is a form of content regulation.
Social media bans have been implemented or proposed around the world.
Known for its extensive internet censorship, China bans many Western social media platforms like X (formerly Twitter), YouTube, Instagram, and WhatsApp. The government's control over internet content is part of its broader strategy to manage information flow and maintain political stability.
Iran has restricted access to platforms like X, Instagram, and Telegram, especially during times of political unrest. This is often justified under the guise of national security and to prevent the spread of "Western cultural influence."
After the invasion of Ukraine, Russia has intensified its control over social media, banning platforms like X and Instagram. This was part of a broader move to control narratives and prevent dissent or foreign influence.
Social media is essentially non-existent for the general public due to the North Korea's extreme isolation and control over information. Only a select few with government approval have access to the internet or social media.
Pakistan has intermittently blocked social media platforms like X and YouTube in response to blasphemous content or during political unrest.
@Grok