On December 23, 2024, the Center for Democracy & Technology (CDT) joined an amicus brief in the Supreme Court case TikTok v. Garland. The brief, led by the American Civil Liberties Union (ACLU) and the Electronic Frontier Foundation (EFF), supports TikTok users' First Amendment rights in challenging the Protecting Americans from Foreign Adversary Controlled Applications Act.
The ACLU, EFF, CDT, Freedom of the Press Foundation, Information Technology and Innovation Foundation, Progressive Policy Institute, Fight for the Future, and Public Knowledge argue that this law restricts users’ speech and association rights. They claim it imposes a prior restraint on communication through TikTok. The brief emphasizes that national security concerns should not reduce First Amendment protections and insists courts apply rigorous standards to laws limiting speech.
The coalition contends that the D.C. Circuit incorrectly applied strict scrutiny by not thoroughly examining the government's vague national security reasons for enacting this statute. Due to its broad restrictions on free expression, they urge the court to block the law's implementation.
