Tag: first-amendment

• Can Individual TikTok Creators Sue the Government for a Ban? A First Amendment Analysis

  The prospect of a TikTok ban in the United States raises significant constitutional questions, not just for the platform itself but for the millions of individual creators who rely on it to express themselves. From comedians and educators to activists and artists, TikTok creators have built communities, livelihoods, and cultural movements on the app. If…

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• How the First Amendment Might Save TikTok: A Case for Free SPEECH in the Digital Age

  In the oral arguments of TikTok v. Garland, TikTok’s legal team articulated a powerful defense centered on the First Amendment, arguing that any government action forcing TikTok’s shutdown or divestiture would impose an unconstitutional burden on free speech. Here’s the core argument TikTok should continue to make, supported by relevant case law: 1. The First…

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• Do We Really Have Freedom of Speech?

  When the Founding Fathers drafted the First Amendment, they enshrined the principle of free speech as a cornerstone of democracy. The right to express ideas, even controversial or unpopular ones, without fear of government reprisal is foundational to the concept of liberty. Yet, cases like that of Briana Boston—a Florida woman arrested for a statement…

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