this post was submitted on 26 Apr 2024
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[–] littlewonder 11 points 2 months ago (1 children)

Regarding freedom of speech, banning TikTok is not the government oppressing your rights to say things.

[–] kava 4 points 2 months ago* (last edited 2 months ago)

The courts have repeatedly ruled that freedom of speech comes with freedom of association.

Montana tried banning TikTok and a judge blocked it for that reason - it infringes upon free speech. I think Bytedance will likely sue federal government under similar grounds. The government cannot arbritarily control what you want to say, who you want to say it to, or where you want to say it.

The Supreme Court has long held that the First Amendment's protection of free speech, assembly, and petition logically extends to include a “freedom of association."

It is beyond debate that freedom to engage in association for the advancement of beliefs and ideas is an inseparable aspect of the 'liberty' assured by the Due Process Clause of the Fourteenth Amendment, which embraces freedom of speech. Of course, it is immaterial whether the beliefs sought to be advanced by association pertain to political, economic, religious or cultural matters, and state action which may have the effect of curtailing the freedom to associate is subject to the closest scrutiny.

It appears from the Court's opinions that the right of association is derivative from the First Amendment guarantees of speech, assembly, and petition,2 although it has at times been referred to as an independent freedom protected by the First Amendment.