U.S. laws are made in Washington, D.C.
U.S. laws are made in Washington, D.C.

TikTok and the First Amendment

Learn what laws say about a court case from a famous app.

Members of Congress make laws for the United States. But a set of top laws stands above the rest. It’s the U.S. Constitution. Sometimes, a person may think a new law goes against the Constitution. They can take the issue to court. The video app TikTok is doing that now.

People post videos on TikTok. The app has more than 1 billion users. About 170 million are in the United States. In April 2024, the U.S. Congress passed a law. The rule puts TikTok at risk.

TikTok is owned by ByteDance. That’s a company from China. Some U.S. lawmakers are worried about safety. They think ByteDance may not keep user info safe. Congress’ law says that ByteDance must sell its U.S. parts. If not, it will be banned.

On May 7, TikTok filed a . It says the new law is . TikTok says the law goes against the First Amendment. So, what is the First Amendment?

Amendments are changes to the Constitution. The First Amendment says:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Let’s put that in simpler terms. The amendment says people can practice their religion. They can gather and call for change too. Freedom of the press means news reporters can’t be limited. And freedom of speech means people can say what they want.

TikTok says the new law goes against freedom of speech. Americans speak out on the app. There are limits to free speech, though. Some speech isn’t protected. That includes words that could hurt .

The court will have to decide about TikTok. Judges will hear both sides. They will have to answer many questions:

What does the Constitution protect?
Does banning TikTok hurt free speech?
Could TikTok put Americans at risk?

What do you think?

Updated May 10, 2024, 5:01 P.M. (ET)
By Ashley Morgan

TikTok and the First Amendment

Learn what laws say about a court case from a famous app.

U.S. laws are made in Washington, D.C.
U.S. laws are made in Washington, D.C.

Members of Congress make laws for the United States. But a set of top laws stands above the rest. It’s the U.S. Constitution. Sometimes, a person may think a new law goes against the Constitution. They can take the issue to court. The video app TikTok is doing that now.

People post videos on TikTok. The app has more than 1 billion users. About 170 million are in the United States. In April 2024, the U.S. Congress passed a law. The rule puts TikTok at risk.

TikTok is owned by ByteDance. That’s a company from China. Some U.S. lawmakers are worried about safety. They think ByteDance may not keep user info safe. Congress’ law says that ByteDance must sell its U.S. parts. If not, it will be banned.

On May 7, TikTok filed a . It says the new law is . TikTok says the law goes against the First Amendment. So, what is the First Amendment?

Amendments are changes to the Constitution. The First Amendment says:

“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

Let’s put that in simpler terms. The amendment says people can practice their religion. They can gather and call for change too. Freedom of the press means news reporters can’t be limited. And freedom of speech means people can say what they want.

TikTok says the new law goes against freedom of speech. Americans speak out on the app. There are limits to free speech, though. Some speech isn’t protected. That includes words that could hurt .

The court will have to decide about TikTok. Judges will hear both sides. They will have to answer many questions:

What does the Constitution protect?
Does banning TikTok hurt free speech?
Could TikTok put Americans at risk?

What do you think?

Updated May 10, 2024, 5:01 P.M. (ET)
By Ashley Morgan

Draw it AskRuss