TikTok and the First Amendment

An Analysis of the Constitutional Debate Regarding a TikTok Ban

Abstract

Government efforts to restrict or ban TikTok have consistently raised constitutional challenges across multiple levels of the judicial system, ultimately reaching the United States Supreme Court. This paper will trace the constitutional debate surrounding TikTok by examining key cases at each stage. It will begin with the executive actions initiated under the Trump administration, then turn to state level cases in Montana and Texas, and finally analyze how these precedents ultimately led to the Supreme Court’s final decision at the federal level.