As the fate of TikTok’s future in the U.S. hangs in the balance at the Supreme Court, Professor Ray Brescia of Albany Law School spoke with Politico and Newsweek about the privacy and free speech implications of a potential ban.
With more than 170 million users impacted by the eventual decision, Brescia said, “There are certainly going to be some members of the Supreme Court who are concerned that the legislation requiring TikTok to divest itself of investment by ByteDance runs contrary to First Amendment principles, but there is also likely to be some degree of pushback from those justices who are reluctant to second-guess decisions of Congress and the executive branch on questions of national security…The TikTok application is legitimate and procedurally sound. Whether it should succeed on the merits is another question.”
