Jeffrey Fisher
Appearances
The Journal.
The TikTok Ban Goes to the Supreme Court
And the act therefore is inescapably subject to strict scrutiny because of the First Amendment implications. And the act fails that test and indeed any level of scrutiny under this court's case law because the act and the reasons behind it defy our history and tradition as well as precedent.
The Journal.
The TikTok Ban Goes to the Supreme Court
American creators have long and always enjoyed the right to speak in conjunction with foreign speakers or work with foreign publishers.
The Journal.
The TikTok Ban Goes to the Supreme Court
So two ways, Justice Thomas. First, I just point you to the text of the statute, which directly regulates text images, communicate real-time communications, videos. My clients, the creators, are the ones creating that speech and posting it to speak to other Americans.