Sens. Paul, Markey, Rep. Khanna File Bipartisan, Bicameral Amicus Brief Urging SCOTUS to Protect Free Speech and Reverse TikTok Ban

FOR IMMEDIATE RELEASE:

January 9, 2025

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Sens. Paul, Markey, Rep. Khanna File Bipartisan, Bicameral Amicus Brief Urging SCOTUS to Protect Free Speech and Reverse TikTok Ban

WASHINGTON, D.C. - Ahead of the U.S. Supreme Court hearing tomorrow, U.S. Senators Rand Paul (R-KY) and Edward J. Markey (D-MA), along with Representative Ro Khanna (D-CA-17) recently submitted a bipartisan, bicameral amicus brief urging the Court to reverse the D.C. Circuit Court's decision in TikTok Inc. v. Garland, which upheld a TikTok ban established under the Protecting Americans from Foreign Adversary Controlled Applications Act. In the brief, Sens. Markey and Paul and Rep. Khanna argue that the TikTok ban lacks evidence and directly conflicts with the First Amendment, undermining the rights of over 170 million Americans who use the platform.

The brief emphasizes the historical misuse of national security claims to justify censorship, citing examples from the Sedition Acts of the 18th and 20th centuries as well as Cold War-era speech restrictions. It argues that banning TikTok due to speculative concerns about foreign interference is unconstitutional and contradicts fundamental American values. The brief contends that there are less drastic measures that could effectively address data security issues without infringing on constitutional rights.

The lawmakers remind the Supreme Court that the government is required to meet the highest standards when justifying restrictions on free speech. They emphasize that government cannot meet this requirement and highlight the chilling effect that the ban would have on millions of creators and users who rely on the platform for expression, education, and their livelihoods.

"The First Amendment is not a privilege that can be revoked; it is a guarantee that prohibits the government from violating the pre-existing individual right to free speech and constitutionally protected speech must be upheld in all circumstances," said Dr. Paul. "Banning TikTok jeopardizes constitutional liberties and establishes a concerning precedent for silencing platforms that millions depend on for expression and connection."

"This TikTok ban is just the latest iteration of a speculative national security argument masking a crackdown on political speech, and it threatens a platform used by millions to share their voices, ideas, and creativity. I urge the Supreme Court to take a lesson from history, stand up for TikTok's users and creators, and reject the TikTok ban," said Sen. Edward J. Markey.

"A ban on TikTok not only violates the free speech of millions of Americans, but it also jeopardizes the livelihoods of creators and small business owners who use the app. We need laws to protect Americans' data, but banning TikTok is not the answer. Thank you to Senators Paul and Markey for their leadership," said Rep. Ro Khanna.

Read it HERE.

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