Dan Epps

Well, he couldn't have written Dobbs because he didn't agree with the majority, right? You know, right? He could have tried to steal it. Yeah. Well, for all we know, he did, right? Like, who knows? Yeah, I don't mean he writes every... I don't mean he writes every big case, but a case like this, you and I both would have, neither of us would have taken the bet that he wasn't going to write it.

This had chief all over it, whereas a case like Bruin, not necessarily to me. Maybe cases that heavily implicate relations between the branches or something.

This had chief all over it, whereas a case like Bruin, not necessarily to me. Maybe cases that heavily implicate relations between the branches or something.

I don't quite know the category. I feel like there is a category. Right.

I don't quite know the category. I feel like there is a category. Right.

Yeah. The law is okay. And to be clear, the arguments are First Amendment arguments. Yes. And different First Amendment arguments, right? There's multiple different First Amendment arguments in place. So there are First Amendment arguments actually being offered by the users, the content creators, influencers, perhaps. There is TikTok's right to speak. And also...

Yeah. The law is okay. And to be clear, the arguments are First Amendment arguments. Yes. And different First Amendment arguments, right? There's multiple different First Amendment arguments in place. So there are First Amendment arguments actually being offered by the users, the content creators, influencers, perhaps. There is TikTok's right to speak. And also...

an associational First Amendment right that's sort of in there that they, at least at oral argument, noted. And then there's, I guess, potentially a question about does ByteDance, which is a non-U.S. company, does that have any First Amendment interest that's not really the center of gravity?

an associational First Amendment right that's sort of in there that they, at least at oral argument, noted. And then there's, I guess, potentially a question about does ByteDance, which is a non-U.S. company, does that have any First Amendment interest that's not really the center of gravity?

Yeah, so to the extent that, like, ByteDance was sending over representatives to the U.S. to, like, make some decisions that would be protected? Well, it's more complicated, at least, then. They're not... Yeah. There's a lot of stuff like that in this opinion, where there's, like... here's a complicated, hard question. We're not totally going to answer that for you.

Yeah, so to the extent that, like, ByteDance was sending over representatives to the U.S. to, like, make some decisions that would be protected? Well, it's more complicated, at least, then. They're not... Yeah. There's a lot of stuff like that in this opinion, where there's, like... here's a complicated, hard question. We're not totally going to answer that for you.

We're going to make an assumption.

We're going to make an assumption.

Yeah. So first step of that is the court says, we assume without deciding that the challenge provisions fall within the category of things that are subject to First Amendment scrutiny. So maybe it's not predicted at all, which would make the case easier, but they're just going to assume for purposes of argument that it is and then go through that analysis. Yeah.

Yeah. So first step of that is the court says, we assume without deciding that the challenge provisions fall within the category of things that are subject to First Amendment scrutiny. So maybe it's not predicted at all, which would make the case easier, but they're just going to assume for purposes of argument that it is and then go through that analysis. Yeah.

It's not clear it's a good answer for North Francisco because in the foreign... It's a little different because that's a case about who gets to speak. It's not telling the speaker how it has to organize. I don't know.

It's not clear it's a good answer for North Francisco because in the foreign... It's a little different because that's a case about who gets to speak. It's not telling the speaker how it has to organize. I don't know.

Yeah.

Yeah.

And Justice Sotomayor would have rights of concurrence, in part concurrence in the judgment where she says she joins everything except for the part we just talked about. She would have just said yes for some of my clearly implicated here.