U.S. Supreme Court Decision Allows TikTok Ban to Proceed: Liberty Justice Center Issues Statement on Its First Amendment Lawsuit Challenging Ban

January 17, 2025

The U.S. Supreme Court has issued a decision upholding the federal TikTok ban, allowing it to take effect on January 19.

“We are disappointed that the Court would uphold such a sweeping restriction on Americans’ right to free speech—especially based on speculative ‘national security’ arguments that the government backed with minimal evidence. But the Court’s ruling today is at least narrow—it relies on the unique relationship between TikTok and its foreign parent, and it doesn’t opine on the parts of the law that would allow future presidents to ban other platforms they believe threaten national security. In addition, President Trump has recognized the dangerous precedent this ban sets, and we hope he will follow through with his stated intention to reach a deal to save the platform,” said Jacob Huebert, President of the Liberty Justice Center.

The Liberty Justice Center filed a constitutional challenge to the TikTok ban in June, arguing that the ban should be shut down because it would violate the First Amendment rights of millions of Americans, including the Liberty Justice Center’s client educational nonprofit BASED Politics.

After the U.S. Court of Appeals for the District of Columbia Circuit rejected the First Amendment challenge, which it heard together with two others, the U.S. Supreme Court took up the cases, hearing oral arguments on January 10.

The Liberty Justice Center continues to fight for Americans’ constitutional right to free speech by challenging abuses of power at all levels of government. Learn more about the Liberty Justice Center’s work defending the First Amendment here.

BASED Politics Inc. v. Garland was filed in the United States Court of Appeals for the District of Columbia on June 6, 2024.

The Liberty Justice Center’s legal filings in BASED Politics Inc. v. Garland are available here.

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