Saturday, March 25, 2023

A Government Ban On TikTok Would Be Unconstitutional


The TikTok website is used by about 150 million Americans. The site may (or may not) be owned or controlled by the Chinese government. This has a growing number in Congress (both Republicans and Democrats) wanting to pass a law banning the website. And President Biden has called for TikTok to be sold or be banned.

I believe they are wrong.

One of the arguments is that TikTok poses, or could pose, a threat to our national security. But President Biden has already taken care of that by ordering it to be removed from all government computers. If the site is not on any government computers, how can it be a threat to the security of our government?

Another argument would be that it poses a threat to business (corporate) secrets. But any company that worries about that could legally ban the website on its company computers -- just like the government has done.

Some are also saying that the site could be used to collect information on American citizens. But even if TikTok was banned, that would not protect the privacy of American citizens. Many other companies are already collecting that information, and are willing to sell it to any buyer. The only thing that could protect the privacy of American citizens is a law preventing anyone from collecting that information -- a law that would cover all websites (not just TikTok).

A final argument for banning is that TikTok could be used to promote Chinese propaganda. It could, but when should our government protect us from the free flow of ideas. In a democracy, the people are free to promote or listen to any kind of speech -- even speech that is offensive (or that we may disagree with). That is the very essence of free speech.

And that is why it would be wrong to ban TikTok. It would be a violation of the free speech provision of the First Amendment to the U.S. Constitution. The government is prohibited from prohibiting free speech (unless that speech is calling for violence). And a law banning TikTok would infringe on the free speech rights of millions of Americans.

That would be a serious mistake. It would be another step down the road to the destruction of our democracy.

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