Supreme Court Decision Syllabus (SCOTUS Podcast)
Following what the Supreme Court is actually doing can be daunting. Reporting on the subject is often only done within the context of political narratives of the day -- and following the Court's decisions and reading every new case can be a non-starter. The purpose of this Podcast is to make it as easy as possible for members of the public to source information about what is happening at the Supreme Court. For that reason, we read every Opinion Syllabus without any commentary whatsoever. Further, there are no advertisements or sponsors. We call it "information sourcing," and we hope that the podcast is a useful resource for members of the public who want to understand the legal issues of the day, prospective law students who want to get to know legal language and understand good legal writing, and attorneys who can use the podcast to be better advocates for their clients.
*Note this podcast is for informational and educational purposes only.
Supreme Court Decision Syllabus (SCOTUS Podcast)
TikTok v. Garland (Special Edition)
***Special edition -- with no syllabus in this case -- the recording includes the entire per curiam decision, as well as the two concurring opinions.***
In TikTok Inc. v. Garland, the Supreme Court reviewed the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act. The Act prohibits U.S. companies from providing services to TikTok unless its U.S. operations are separated from Chinese control.
TikTok and a group of U.S. users argued that the Act constitutes a content-based restriction on speech because it singles out TikTok's platform, targeting the content it hosts and its unique mode of communication. They contended that such a restriction is subject to strict scrutiny, the highest level of judicial review, and that the government could not meet the burden of proving the law was narrowly tailored to achieve a compelling interest. TikTok asserted that less restrictive alternatives, such as data localization or transparency measures, could address any national security concerns without burdening free expression.
The government countered that PAFACA is content-neutral, as its primary aim is to mitigate national security risks stemming from TikTok’s data collection practices and its connections to ByteDance Ltd., a Chinese-owned company potentially subject to Chinese government influence. The government maintained that the Act is a permissible regulation addressing the platform’s structural risks rather than the speech it hosts and argued that national security constitutes a significant governmental interest.
The Court, in a per curiam opinion, ruled that PAFACA does not violate the First Amendment. It determined that the Act is content-neutral, targeting the ownership and control of TikTok rather than the content on its platform. Applying intermediate scrutiny, the Court held that the Act was narrowly tailored to address well-substantiated national security concerns. The ruling emphasized Congress’s findings regarding the risks posed by TikTok’s data collection practices and its potential for misuse by a foreign adversary.
The Court’s decision affirmed the legality of requiring ByteDance to divest its U.S. operations by January 19, 2025, or face a nationwide ban.
Read the full decision here.
