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We the People

The Future of TikTok

We the People

National Constitution Center

History, News Commentary, News

4.6 • 1K Ratings

🗓️ 9 January 2025

⏱️ 59 minutes

🧾️ Download transcript

Summary

In TikTok v. Garland, the Supreme Court will determine whether TikTok—the social media platform used by an estimated 170 million Americans—can continue to operate in the United States under the ownership of a Chinese holding company. Jameel Jaffer of Columbia Law School and Zephyr Teachout of Fordham Law School join Jeffrey Rosen to debate whether the law that forces TikTok to be sold or banned violates the First Amendment.  Resources:  Jameel Jaffer, “Brief of the Knight First Amendment Institute at Columbia University, Free Press, and PEN American Center as Amici Curiae in Support of Petitioners," TikTok v. Garland  Jameel Jaffer, “The Supreme Court Must Intervene in the TikTok Case,” The New York Times (Dec. 10, 2024)  Zephyr Teachout, “BRIEF OF AMICI CURIAE ZEPHYR TEACHOUT AND JOEL THAYER IN SUPPORT OF RESPONDENT,"TikTok v. Garland  United States Court of Appeals for the D.C. Circuit, Opinion of the Court, TikTok v. Garland  Arcara v. Cloud Books, Inc. (1986)  Reed v. Town of Gilbert (2015)  Moody v. NetChoice (2024) Stay Connected and Learn More Questions or comments about the show? Email us at [email protected] Continue the conversation by following us on social media @ConstitutionCtr. Sign up to receive Constitution Weekly, our email roundup of constitutional news and debate. Subscribe, rate, and review wherever you listen. Join us for an upcoming live program or watch recordings on YouTube. Support our important work. Donate

Transcript

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0:00.0

This week, the Supreme Court hears oral arguments in TikTok versus Garland, a case that will determine whether TikTok, the social media platform used by an estimated 170 million Americans, can continue to operate in the United States under the ownership of a Chinese holding company.

0:20.3

Hello, friends.

0:21.6

I'm Jeffrey Rosen, president and CEO of the National Constitution Center, and welcome

0:25.9

to We the People, a weekly show of constitutional debate.

0:29.2

The National Constitution Center is a nonpartisan nonprofit, chartered by Congress, to

0:34.0

increase awareness and understanding of the Constitution among the American people.

0:38.6

In this episode of We the People, we will debate whether or not the law that forces TikTok to be sold or banned violates the First Amendment.

0:47.1

Joining me are two leading constitutional scholars who've filed important amicus briefs in this case.

0:54.5

Jamil Jaffer of Columbia Law School and Zephyr Teachout of Fordham Law.

0:59.2

Jamil Jaffer is executive director of the Knight First Amendment Institute at Columbia University.

1:04.4

Before joining the Knight Institute, he was deputy legal director at the American Civil Liberties Union

1:09.2

and director of the ACLU Center for Democracy.

1:13.7

Jamil wrote a brief in support of the petitioners. Jamil, it's wonderful to welcome you back to

1:19.4

We the People. Thanks so much for having me. It's great to be here. And Zephard Teachout is Professor of Law

1:25.2

at Fordham Law School, where she focuses on the intersection of corporate power and political power.

1:30.2

She teaches corporations, election law, antitrust, and prosecuting white-collar crime.

1:35.4

Zephyr wrote a brief in support of respondents.

1:37.9

Zephyr, it's wonderful to welcome you to we the people.

1:40.5

Oh, it's really wonderful to be on.

1:42.2

Thank you so much for having me.

1:44.0

Let's begin with both of your important briefs in the case.

1:48.0

Jameel Jaffer. Your brief argues that the law in question violates the First Amendment. Tell us what the law is and why it violates the First Amendment.

...

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