News & Analysis as of August 2, 2025

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The First Amendment to the United States Constitution prohibits the government from making laws respecting the establishment of religion, prohibiting the free exercise of religion, abridging the freedom of speech or the press, preventing citizens from peacefully assembling, or interfering with citizens' ability to petition the government for redress of their grievances. The First Amendment is one of the most sacred aspects of the American legal tradition and has spawned a vast body of jurisprudence and commentary. less -

Supreme Court Upholds Law Restricting TikTok’s Operations in the U.S.

Snell & Wilmer on 2/6/2025

On January 17, 2025, the Supreme Court issued its decision in TikTok Inc. v. Garland, affirming the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act (the Act), which restricts...more

Posts, Profits, & Penalties | Tax Law & Social Media | Part 1

Freeman Law on 1/23/2025

A popular social media platform has been a hot topic for lawmakers, the media, and its users recently, and what a better way to kick off this series than to provide a summary and update of its status in the United States....more

Social Links: TikTok’s Wild Ride

Morrison & Foerster LLP - Social Media on 1/23/2025

In a rare unanimous decision, on January 17, the U.S. Supreme Court upheld a law that bans TikTok in the United States on national security grounds so long as it has its current ownership structure. TikTok chose to make the...more

U.S. Supreme Court Upholds TikTok Sale-or-Ban Law

Holland & Knight LLP on 1/20/2025

In a much-anticipated decision, the U.S. Supreme Court on Jan. 17, 2025, rejected TikTok's appeal and upheld the Protecting Americans from Foreign Adversary Controlled Applications Act (Act). The act, which was signed into...more

Vibe Check on TikTok: Legal Changes May Force App to Take the L

DarrowEverett LLP on 1/8/2025

The future of TikTok is on the table in the United States. As has been widely covered, in April 2024, Congress passed the Protecting Americans from Foreign Adversary Controlled Applications Act (the “Act”), which...more

Supreme Court to Hear TikTok Case

Robinson+Cole Data Privacy + Security Insider on 12/20/2024

The United States Supreme Court announced on December 18, 2024, that it will hear the TikTok ban case and has scheduled oral arguments to be held on January 10, 2025, before the ban’s effective date of January 19, 2025....more

The Supreme Court Update - December 18, 2024

Dorsey & Whitney LLP on 12/19/2024

Today, the Supreme Court of the United States granted certiorari in two cases: Kerr v. Planned Parenthood South Atlantic, No. 23-1275: This case addresses a 5-2 circuit split on whether the Medicaid Act’s...more

TikTok on the Clock: What Brands Should Consider Pending a Potential TikTok Ban

Arnall Golden Gregory LLP on 12/12/2024

Background - A potential ban of the popular social media app, TikTok, has been in the news for years, but recent events suggest that it may become reality for Americans in the coming weeks. On December 6, 2024, the U.S. Court...more

The D.C. Circuit’s TikTok Decision Could Portend Greater Regulation of Chinese-Owned Apps

Alston & Bird on 12/12/2024

On December 6, 2024, the United States Court of Appeals for the D.C. Circuit upheld the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act (“Act”). The Act, signed into law by...more

TikTok on the Chopping Block: Will the U.S. Ban the Popular Social Media App?

Kohrman Jackson & Krantz LLP on 10/18/2024

On September 16, 2024, the U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments in the seminal case of TikTok, Inc. v. Garland, which centers around the potential ban of TikTok under the Protecting...more

Privacy Tip #397 – TikTok and ByteDance File Suit Against the United States

Robinson+Cole Data Privacy + Security Insider on 5/9/2024

As threatened, TikTok, Inc. and ByteDance, Ltd., the owner of the TikTok app, filed suit against the United States on May 7, 2024, alleging that the Protecting Americans From Foreign Adversary Controlled Applications Act...more

TikTok on the Clock: Proposed Legislation to Unwind TikTok from Ownership Group

McGlinchey Stafford on 3/21/2024

On March 13, 2024, the U.S. House of Representatives passed the Protecting Americans from Foreign Adversary Controlled Applications Act (the Act) in a bipartisan vote, which would require the popular social media site TikTok...more

Federal Judge Blocks Montana’s TikTok Ban

Pillsbury - Internet & Social Media Law Blog on 12/5/2023

A federal judge has blocked a Montana law banning the popular video sharing app TikTok, finding “little doubt” that it was “more interested in targeting China’s extensible role in TikTok than with protecting Montana...more

Decoded: Technology Law Insights - Issue 7, September 2020

Spilman Thomas & Battle, PLLC on 10/4/2020

U.S. Judge Halts Trump's TikTok Ban, Hours Before It was Set to Start - "John Hall, an attorney for TikTok, said that the app, with some 100 million American users, is a 'modern day version of the town square' and shutting...more

Executive Orders on Pause: WeChat and TikTok Bans Temporarily Suspended

Sheppard Mullin Richter & Hampton LLP on 9/23/2020

On Saturday, two actions put a stop, at least temporarily, to the U.S. shutdown of the popular social media apps WeChat and TikTok. WeChat - On September 19, 2020, a California Federal Magistrate Judge issued a...more

WeChat and TikTok Sanctions Not to Come Into Effect Sept. 20

Orrick, Herrington & Sutcliffe LLP on 9/21/2020

Late last week, a Magistrate Judge for the U.S. District Court for the Northern District of California issued an order granting a motion for a nationwide preliminary injunction forbidding implementation of sanctions against...more

Decoded: Technology Law Insights - Issue 5, September 2020 (Featuring Insights Video on the Trump/Twitter Feud over Section 230)

Spilman Thomas & Battle, PLLC on 9/15/2020

A New Lawsuit Against Trump’s Section 230 Executive Order Argues It Chills Speech about Voting - "The suit accuses the president of using the order to retaliate against Twitter, infringing on the public's right to receive...more

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