EFF Statement on U.S. Supreme Court's Decision to Uphold TikTok Ban

We are deeply disappointed that the Court failed to require the strict First Amendment scrutiny required in a case like this, which would’ve led to the inescapable conclusion that the government’s desire to prevent potential future harm had to be rejected as infringing millions of Americans’ constitutionally protected free speech. We are disappointed to see the Court sweep past the undisputed content-based justification for the law – to control what speech Americans see and share with each other – and rule only based on the shaky data privacy concerns.

The United States’ foreign foes easily can steal, scrape, or buy Americans’ data by countless other means. The ban or forced sale of one social media app will do virtually nothing to protect Americans’ data privacy – only comprehensive consumer privacy legislation can achieve that goal. Shutting down communications platforms or forcing their reorganization based on concerns of foreign propaganda and anti-national manipulation is an eminently anti-democratic tactic, one that the US has previously condemned globally.