NASHVILLE, Tenn. December 27, 2024 — Today, The Future of Free Speech joined the Foundation for Individual Rights and Expression, Institute for Justice, Reason Foundation, and several other civil liberties organizations in an amicus curiae (friend of the court) brief in urging the Supreme Court to overturn the law banning TikTok. The brief argues that the national ban on the app would be the first time in history our government has proposed prohibiting an entire medium of communication.
The brief states:
“Allowing the TikTok ban to stand would mark an unprecedented departure from our longstanding commitment to free speech exceptionalism, which sets the United States apart not only from authoritarian states but also other democracies that mandate significant government regulation of online speech, such as the European Union and Germany. It would undermine the principles enshrined in the First Amendment and signal a troubling shift, aligning the United States with regimes that stifle their citizens’ freedom to share and access information and ideas.”
“For decades, the United States has been the global gold standard for free speech protections,” said Jacob Mchangama, Executive Director of The Future of Free Speech. “The unprecedented bipartisan push to effectively shut down TikTok — an online platform where millions exercise their right to free expression and access information — represents a troubling shift from this proud legacy.”
“If enacted, this ban would make the U.S. the first free and open democracy to impose such sweeping restrictions, drawing uncomfortable parallels with authoritarian regimes like Somalia, Iran, and Afghanistan, which use similar measures to suppress dissent and control their populations,” Mchangama continued. “This is not just about a single app; it is a litmus test for the resilience of First Amendment principles in the digital age. The Supreme Court must ensure that Congress is held to the highest standard before permitting actions of such profound consequence. A TikTok ban risks setting a dangerous precedent that undermines the very freedoms distinguishing democracies from autocracies.”
As James Madison warned, “Perhaps it is a universal truth that the loss of liberty at home is to be charged to provisions against danger real or pretended from abroad.”
Links:
- Amicus Brief (PDF)
About The Future of Free Speech
The Future of Free Speech is an independent, nonpartisan think tank located at Vanderbilt University, working to restore a resilient global culture of free speech in the digital age through knowledge, research, and advocacy. To learn more, visit www.futurefreespeech.org and follow on Facebook, X, and LinkedIn.
Contact:
media@futurefreespeech.com