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First Amendment › National Security

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... more +
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 -
Carlton Fields

Top First Amendment Cases of the 2024-2025 Supreme Court Term

Carlton Fields on

The U.S. Supreme Court in its 2024–25 term continued to robustly protect religious liberty under the First Amendment but retreated from core First Amendment principles in two cases involving the internet....more

Ballard Spahr LLP

AG Permits Journalist Subpoenas in Leak Investigations

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The U.S. Attorney General has updated the policy governing when the news media can be subject to legal process for their sources. The updated regulations permit the Department of Justice (DOJ) to subpoena the media for leak...more

Troutman Pepper Locke

DOJ Will Use Compulsory Legal Process to Compel Production of Information From News Media Following Recent Update to Policy

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On April 25, Attorney General (AG) Pam Bondi issued an internal memorandum to Department of Justice (DOJ) employees, changing the DOJ’s policy on obtaining information from, or records of, members of the news media. Under...more

Jackson Lewis P.C.

‘Catch and Revoke’ Program Takes Off: State Department AI-Driven Visa Crackdown

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The U.S. State Department’s “Catch and Revoke” program uses artificial intelligence (AI) to monitor foreign nationals, particularly student visa holders. The program aims to identify individuals who express support for Hamas,...more

Snell & Wilmer

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

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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

Nelson Mullins Riley & Scarborough LLP

The TikTok Ban Saga: SCOTUS, Trump’s Executive Order, and the Implications for Digital Marketing and Emerging Platforms

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From expedited Constitutional challenges to an exodus of self-proclaimed “TikTok Refugees” to new foreign-owned social media platforms, the past week leading up to the Jan. 19, 2025, deadline for the TikTok Ban has been a...more

Freeman Law

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

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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

Morrison & Foerster LLP - Social Media

Social Links: TikTok’s Wild Ride

Morrison & Foerster LLP - Social Media on

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

Holland & Knight LLP

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

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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

Cranfill Sumner LLP

Why the Supreme Court Tolerated the TikTok Ban (And What That May Teach Us About Deference)

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Today the Supreme Court of the United States declined to block Congress’s TikTok ban, clearing the way for the ban to take effect on January 19, 2025. On a quick look, banning an online forum where millions of Americans...more

DarrowEverett LLP

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

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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

Morris James LLP

Will TikTok Survive? Supreme Court Hearing Looms Large

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In a clash between free speech and national security, the Supreme Court will soon decide whether TikTok can continue to operate in the United States. The highly anticipated hearing on January 10 will determine the fate of the...more

Robinson+Cole Data Privacy + Security Insider

Supreme Court to Hear TikTok Case

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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

Arnall Golden Gregory LLP

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

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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

Alston & Bird

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

Alston & Bird on

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

Kohrman Jackson & Krantz LLP

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

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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

Robinson+Cole Data Privacy + Security Insider

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

Robinson+Cole Data Privacy + Security Insider on

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

McGlinchey Stafford

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

McGlinchey Stafford on

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

BakerHostetler

Corporate Transparency Act Declared Unconstitutional: How Does This Impact Your Company?

BakerHostetler on

On Mar. 1, 2024, a federal district judge in Alabama ruled that the CTA is unconstitutional, holding that it exceeds the powers granted to Congress by the U.S. Constitution. The ruling permanently enjoins FinCEN from...more

Wiley Rein LLP

FCC Proposes Disclosure Rules for Certain Programming Provided by Foreign Governments

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On October 26, 2020, the Federal Communications Commission (FCC or Commission) released a Notice of Proposed Rulemaking (NPRM) in which the Commission proposes to amend its sponsorship identification rules to require...more

Orrick, Herrington & Sutcliffe LLP

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

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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

Holland & Knight LLP

Religious Institutions Update: September 2018 - Lex Est Sanctio Sancta

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Key Cases - Establishment Challenge to Presidential Proclamation Subject to Rational Basis Review - In Trump v. Hawaii, 138 S.Ct. 2392 (2018), the U.S. Supreme Court ruled 5-4 that the lowest level of constitutional...more

Robinson+Cole RLUIPA Defense

Third Time’s Not the Charm for Trump’s Travel Ban

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The Fourth Circuit ruled earlier this month that the Trump Administration’s third attempt at an immigration and travel ban, imposed on eight predominately Muslim countries, was likely to violate the Establishment Clause....more

Robinson+Cole RLUIPA Defense

Fourth Circuit Rules Second Immigration Ban Likely Violates Establishment Clause

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The United States Court of Appeals for the Fourth Circuit in a 10-3 decision has affirmed a lower court’s granting of a preliminary injunction against one provision of President Trump’s second immigration ban on the ground...more

Fisher Phillips

President Trump Signs Second “Travel Ban” Executive Order; Hawaii and Maryland Federal Courts Block Ban Temporarily; DOJ Expected...

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On March 6, 2017, President Donald Trump signed a new “Travel Ban” Executive Order with an effective date of March 16, 2017. The order revoked a previous executive order signed on January 27, 2017, which was blocked by the...more

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