End the duopoly

Trump’s Ban on TikTok Violates First Amendment by Eliminating Unique Platform for Political Speech, Activism of Millions of Users, EFF Tells Court

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We filed a friend-of-the-court brief —primarily written by the First Amendment Clinic at the Sandra Day O’Connor College of Law—in support of a TikTok employee who is challenging President Donald Trump’s ban on TikTok and was seeking a temporary restraining order (TRO). The employee contends that Trump’s executive order infringes the Fifth Amendment rights of TikTok’s U.S.-based employees. Our brief, which is joined by two prominent TikTok users, urges the court to consider the First Amendment rights of millions of TikTok users when it evaluates the plaintiff’s claims.

Notwithstanding its simple premise, TikTok has grown to have an important influence in American political discourse and organizing . Unlike other platforms, users on TikTok do not need to “follow” other users to see what they post. TikTok thus uniquely allows its users to reach wide and diverse audiences. That’s why the two TikTok users who joined our brief use the platform. Lillith Ashworth , whose critiques of Democratic presidential candidates went viral last year, uses TikTok to talk about U.S. politics and geopolitics. The other user, Jynx, maintains an 18+ adult-only account, where they post content that centers on radical leftist liberation, feminism, and decolonial politics, as well as the labor […]

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