TikTok ban forgets the lessons of the Pentagon Papers – Columbia Journalism Review
Avril Haines, the US director of national intelligence, said recently that officials cant rule out the possibility of China using TikTok to influence the 2024 election. Plenty of others have expressed their alarm about the ways China could use TikTok to undermine our national security.
Just one problem: the First Amendment doesnt allow censorship just in case. It was downright reckless for the House to pass legislation to effectively ban TikTok the day after Hainess comments, without any proof of the kind of imminent and grave threat that the Constitution would require to justify that kind of unprecedented mass censorship.
TikTok is used by around 150 million Americans. That includes President Joe Biden, as well as plenty of journalists who use the platform to report and to find stories and sources. Independent journalist Jonathan Katz, for example, used TikTok to expose misleading information from Sen. Katie Britts State of the Union rebuttal. Banning TikTok is, in effect, a prior restraint on all of that journalism, with no regard for whether it contains Chinese propaganda.
Heres what else cant be ruled out: that banning TikTok, based on its alleged surveillance and propagandizing of Americans, will set a precedent for all sorts of future censorship, including bans on foreign news sites. And yes, forcing a sale of TikTok is effectively a ban. Imagine the government ordering The Guardian to sell itself to an approved buyer.
If the US government bullying or banning a British newspaper sounds unlikely, what about media owned by current US adversaries, like Russian-owned RT? Some countries banned it when Russia invaded Ukraine. The US did not, presumably because officials recognized the Constitution wouldnt tolerate that. Why cant the same logic behind banning TikTok, which by all current indications China does not own, support banning RT, which Russia does?
And while RT is a uniquely unsympathetic outlet, the slope gets slippery from there. Consider Qatari-funded Al Jazeera. Surely it has plenty of information on the viewing and clicking habits of the millions of Americans who read it online. And the Biden administration is concerned enough about its influence that it has reportedly pressured it to turn down the volume of its criticism of Israel. A future administration could easily view that as ban-worthy.
The concern that censorship could spread beyond TikTok is heightened because the bill the House passed allows for future bans of not just other social media applications but any platform allowing user interaction that the president deems a threat to national security. At least for other platforms, the president is required to issue a report describing the specific national security concern justifying censorship (with the details likely hidden in a classified annex).
The criteria are shockingly vague, but at least its more than the cant rule it out reasoning for censoring TikTok, regarding which no president has issued any such report. The double standard is an implicit admission by the bills drafters that the speculation-based TikTok ban is constitutionally inadequate.
The reality is that even definitive proof that a platform is propagandizing or surveilling Americans wouldnt justify censorship. The Pentagon Papers case established that national security isnt a magic word that nullifies the First Amendmentand there, the alleged threat was to troops lives, not college kids political thought. Nonetheless, Justice Hugo Black explained that the word security is a broad, vague generality whose contours should not be invoked to abrogate the fundamental law embodied in the First Amendment.
Years before that, the Supreme Court rejected a law delaying mail containing communist political propaganda. The Supreme Court said the law was at war with the uninhibited, robust, and wide-open debate and discussion that are contemplated by the First Amendment. But even that unconstitutional law was narrow compared with a complete ban on TikTok, which would prevent millions of Americans from using their preferred medium to speak online.
In other words, Americans have the right to consume foreign propaganda if they choose, and foreigners dont need to stay on US politicians good side to be able to speak to Americans. Thats why courts have rejected the Trump administrations efforts to ban TikTok (Trump has since reversed himself, and now opposes a ban) as well as the state of Montanas prohibition.
The TikTok ban is far more problematic than the communist mail delay because its not the least bit targetedit seeks to shutter TikToks whole operation. The Supreme Court has also rejected efforts to shut down entire bookstores and media outlets, even if they allegedly carried some illegal content. Lawmakers arent even claiming that TikToks content is illegal, just that they dislike some of it for being false or misleading.
Sure, TikTok is used to spread lies. Thats true of every social media outlet. But Congress could reduce Americans susceptibility to disinformation by cutting down on excessive government secrecy, which breeds conspiracy theories and distrust. That would not only be more effective than censorship but would strengthen, not undermine, First Amendment freedoms. TikTokers might not have been so fascinated by Osama bin Ladens ridiculous and genocidal manifesto if they hadnt been raised on they hate us for our freedom.
After all, while TikTok (and any other social media platform) can be abused to spread foreign propaganda, it is also a helpful tool in combating domestic propaganda. Could our government have misled Americans about the Vietnam War nearly as effectively if TikTok existed?
Perhaps because the propaganda justification for the ban is so flimsy, lawmakers have raised the alarm about Chinese surveillance of TikTok users as a fallback basis for censorship. Those claims are every bit as nebulous. If that were really the concern, Congress would pass a data privacy law binding American platforms too, as well as data brokers that TikTok could continue to buy Americans data from even after a ban. No one can explain how TikTok user data in the hands of Chinese spies would justify an unprecedented prior restraint, particularly when they can easily get the same data elsewhere.
Former Treasury secretary Steven Mnuchin, who wants to buy TikTok, says theres no way that the Chinese would ever let a US company own something like this in China. Its true that China bans US platforms. But the US shouldnt be resorting to stooping to authoritarians levels, and thats exactly why a bill that kicks open the door for it to do just that is so troubling. Russia, for example, recently declared US-funded Radio Free Europe/Radio Liberty an undesirable organization, requiring it to stop all work inside Russia. By banning TikTok, the US lowers its moral standing to oppose those kinds of shameful antics.
If the Senate passes this unconstitutional TikTok ban, and the White House lets it stand, then what we really cant rule out is the US becoming every bit as censorial as the adversaries it claims to be defending us against.
Originally posted here:
TikTok ban forgets the lessons of the Pentagon Papers - Columbia Journalism Review
- Mexico president open to modifying telecoms bill after censorship accusations - Reuters - April 27th, 2025 [April 27th, 2025]
- Weekend reads: Retractions as censorship; the carbon footprint when science doesnt self-correct; NEJM vs. the feds - Retraction Watch - April 27th, 2025 [April 27th, 2025]
- Santa Rosa High School theater students, allies honored with national award for fighting censorship - The Press Democrat - April 27th, 2025 [April 27th, 2025]
- China Is Not Censoring Its Social Media to Please the West - What's on Weibo - April 27th, 2025 [April 27th, 2025]
- Free for All documentary highlights libraries cultural legacy amid rising censorship and funding threats - Datebook - April 27th, 2025 [April 27th, 2025]
- Trumps aggressive actions against free speech speak a lot louder than his words defending it - The Conversation - April 25th, 2025 [April 25th, 2025]
- Bowen Yang Rants About SNL Censors: This Is the Real World - The Daily Beast - April 25th, 2025 [April 25th, 2025]
- Government censorship comes to Bluesky, but not its third-party apps yet - TechCrunch - April 25th, 2025 [April 25th, 2025]
- Time to re-read The Masses, the 1910s literary magazine crushed by government censorship. - Literary Hub - April 25th, 2025 [April 25th, 2025]
- Operation Caged Bird Seeks to Unban Books from Naval Academy: Book Censorship News, April 25, 2025 - Book Riot - April 25th, 2025 [April 25th, 2025]
- 12 Moments Of Anime Censorship That Became Bizarrely Hilarious - SlashFilm - April 25th, 2025 [April 25th, 2025]
- I faced censorship and attacks at MIT for trying to teach about Palestine. This reflects the rising fascism in higher education. - Mondoweiss - April 25th, 2025 [April 25th, 2025]
- Opinion | The Naval Academy Canceled My Lecture on Wisdom - The New York Times - April 25th, 2025 [April 25th, 2025]
- University suspects big tech Google and Meta censoring ads just because its Catholic - The College Fix - April 25th, 2025 [April 25th, 2025]
- Netflix Co-CEO Says Theyre Not in China Because Not a Single Episode Cleared the Censorship Board - IndieWire - April 25th, 2025 [April 25th, 2025]
- Republicans, beware: Censorship by the right is no better than by the left | Opinion - USA Today - April 25th, 2025 [April 25th, 2025]
- DITV: YAF Brings in CEO of Babylon Bee to Speak About Censorship - The Daily Iowan - April 25th, 2025 [April 25th, 2025]
- There are medieval roots to modern attempts to censor controversial literature - KJZZ - April 25th, 2025 [April 25th, 2025]
- Barbra Streisand can tell you: Censorship is not the answer - The Frederick News-Post - April 25th, 2025 [April 25th, 2025]
- Meta Oversight Board Fumes As Facebook Ends Censorship Initiatives - The Daily Wire - April 25th, 2025 [April 25th, 2025]
- Bluesky Just Bowed to Censorship Demands in Turkey, but Theres a Loophole - Gizmodo - April 25th, 2025 [April 25th, 2025]
- Censorship is getting louder: Metas fine is just the echo - Pearls and Irritations - April 25th, 2025 [April 25th, 2025]
- Trump Administration Blasts Biden, Fauci for Outright Censorship on Revamped Covid-19 Website - Yahoo - April 21st, 2025 [April 21st, 2025]
- Book censorship: Why its not going to stop with the books, no matter how you spin it - DMNews - April 21st, 2025 [April 21st, 2025]
- Wall Streets silent protest: censorship in the age of Trump - The Irish Times - April 21st, 2025 [April 21st, 2025]
- Digital Blasphemy: Netflixs Controverial Censorship of Mel Gibsons The Passion for Easter - Bleeding Fool - April 21st, 2025 [April 21st, 2025]
- Censorship in STEM: A Recap of the Heterodox Academy STEM Community Meeting at USC April 24 - University of Nevada, Las Vegas | UNLV - April 21st, 2025 [April 21st, 2025]
- Top Ultra-processed Foods Researcher at NIH Resigns, Citing Censorship - Civil Eats - April 21st, 2025 [April 21st, 2025]
- Trump-style book censorship is spreading just ask British librarians | Alison Hicks - The Guardian - April 21st, 2025 [April 21st, 2025]
- Why would he take such a risk? How a famous Chinese author befriended his censor - The Guardian - April 21st, 2025 [April 21st, 2025]
- Grandpas advice for the new wave of American censors - FIRE | Foundation for Individual Rights and Expression - April 21st, 2025 [April 21st, 2025]
- Trump admin accused of censoring NIHs top expert on ultra-processed foods - Ars Technica - April 21st, 2025 [April 21st, 2025]
- 100 mph speeders, 4/20 sales, RI lobbyist expenses, RISD censorship: Top stories this week - The Providence Journal - April 21st, 2025 [April 21st, 2025]
- 'Wuthering Waves' Developer Responds to Backlash Over Censorship - The Gooner Rage is Real - VICE - April 21st, 2025 [April 21st, 2025]
- State Department shuts down agency that pushed censorship of conservative news sites - Must Read Alaska - April 21st, 2025 [April 21st, 2025]
- DrainMore Than FightAuthoritarianism and Censorship - The Fulcrum - April 21st, 2025 [April 21st, 2025]
- Theyre Coming For Us: Media Censorship in the Age of Palestinian Genocide - Counterpunch - April 21st, 2025 [April 21st, 2025]
- Censorship or Caution? The ACSA's Gaza Journal Controversy Exposes a Field at War With Itself - Architect Magazine - April 21st, 2025 [April 21st, 2025]
- Why deregulating online platforms is actually bad for free speech - The Conversation - April 21st, 2025 [April 21st, 2025]
- We Took on Book Bans in Our Small Conservative Community and Won - Teen Vogue - April 21st, 2025 [April 21st, 2025]
- MAJOR VICTORY Trump Administration Declassifies the Biden Administrations Secret Domestic Surveillance and Censorship Strategy, Following AFLs... - April 21st, 2025 [April 21st, 2025]
- Banned Books and Censorship: Who Gets to Decide What We Read? - The Teen Magazine - April 21st, 2025 [April 21st, 2025]
- Nina Jankowiczs censorship bull, onshoring risks are manageable and other commentary - New York Post - April 5th, 2025 [April 5th, 2025]
- Opinion: If US schools are censored, students will struggle to form their own opinions - The Asheville Citizen Times - April 5th, 2025 [April 5th, 2025]
- Lonely Island surprised 'Jizz in My Pants' wasn't censored on SNL : 'There's still potentially kids watching' - Entertainment Weekly - April 5th, 2025 [April 5th, 2025]
- Censoring Santosh and the grim truth of police torture - Hindustan Times - April 5th, 2025 [April 5th, 2025]
- The Antitrust Division Hosts a Big-Tech Censorship Forum - Department of Justice (.gov) - April 5th, 2025 [April 5th, 2025]
- Is the future of censorship-resistant VPNs, no VPNs? - TechRadar - April 5th, 2025 [April 5th, 2025]
- The VPN industry must change or face losing the battle against censorship - Tom's Guide - April 5th, 2025 [April 5th, 2025]
- DOJ, FTC listen to Big Tech censorship concerns - Global Competition Review - April 5th, 2025 [April 5th, 2025]
- CIF Becomes the Official Sponsor of Dirty Mouths, turning censorship into sponsorship. - Marketing Communication News - April 5th, 2025 [April 5th, 2025]
- India quietly censored a White Lotus Season 3 scene; even HBO didnt see this coming - The Indian Express - April 5th, 2025 [April 5th, 2025]
- Journalists in Haiti defy bullets and censorship to cover unprecedented violence - The Independent - April 5th, 2025 [April 5th, 2025]
- CEO of Babylon Bee visits campus, gives talk about dangers of censorship - The Crimson White - April 5th, 2025 [April 5th, 2025]
- One White Lotus Scene Was Conspicuously Missing in India, and Its Part of a Bigger Censorship Issue - IndieWire - April 3rd, 2025 [April 3rd, 2025]
- Australian tribunal to rule on whether using biologically accurate pronouns online is grounds for censorship - Alliance Defending Freedom... - April 3rd, 2025 [April 3rd, 2025]
- Its About Censorship, Erasure, and Control: the GOPs Push for Parental Rights - The Texas Observer - April 3rd, 2025 [April 3rd, 2025]
- Mastercard agrees to eschew pressure to engage in censorship of ads - adfmedia.org - April 3rd, 2025 [April 3rd, 2025]
- 'Stories About Overthrowing the Government Are No Longer Allowed': Anime Censorship Overseas Adding to Broadcast Woes - Comic Book Resources - April 3rd, 2025 [April 3rd, 2025]
- Media apathy makes Schmitts hearing on government censorship all the more vital - Read Lion - April 3rd, 2025 [April 3rd, 2025]
- Mastercard, Facing Pressure Over Role In Global Censorship Effort, Agrees To Major Change - The Daily Wire - April 3rd, 2025 [April 3rd, 2025]
- Launch: New OONI Explorer thematic censorship pages - Open Observatory of Network Interference | OONI - April 3rd, 2025 [April 3rd, 2025]
- Jersey City Library Set to Welcome 'The Hammer' to Talk on Censorship, Book Bans - TAPinto - April 3rd, 2025 [April 3rd, 2025]
- Anime Is Booming, But New Censorship Rules Are About to Threaten Some of Its Top Shows - Screen Rant - April 3rd, 2025 [April 3rd, 2025]
- Twitter Files journalist Matt Taibbi spars with Bidens disinfo czar in censorship hearing: We dont need a truth squad - New York Post - April 3rd, 2025 [April 3rd, 2025]
- From censorship to curiosity: Pope Francis appreciation for the power of history and books - The Conversation - April 3rd, 2025 [April 3rd, 2025]
- Oppenheimer Now Streaming Uncensored on Netflix in India After Theatrical Censorship - IGN India - April 3rd, 2025 [April 3rd, 2025]
- What is Sahyog, which Elon Musk-owned X called a censorship portal? - The Indian Express - April 3rd, 2025 [April 3rd, 2025]
- Mark Zuckerberg-Led Meta Set To Face 'Truth' At Senate Hearing Over China Operations And Communist Party Censorship Efforts - Meta Platforms... - April 3rd, 2025 [April 3rd, 2025]
- Sharyn Rothstein looks at censorship through the eyes of a badass librarian - DC Theater Arts - April 1st, 2025 [April 1st, 2025]
- The dangers of censorship: The harm of book banning - Collegiate Times - April 1st, 2025 [April 1st, 2025]
- Can Controversy and Censorship Ever Be Good for Artists and Their Art? - observer.com - April 1st, 2025 [April 1st, 2025]
- Why is X suing the Indian govt over censorship? Musks heft within US administration could play a part - The Straits Times - April 1st, 2025 [April 1st, 2025]
- Explained: What is the Sahyog Portal that X has called out for censorship? - MediaNama - April 1st, 2025 [April 1st, 2025]
- Censorship and the question of artistic freedom - Times of India - April 1st, 2025 [April 1st, 2025]
- Art Censorship: Between Restriction and Sharpening Idea of Freedom of Expression - Universitas Gadjah Mada - April 1st, 2025 [April 1st, 2025]
- Mass surveillance and censorship/ What is DPI, intended for use by the government? - cna.al - April 1st, 2025 [April 1st, 2025]
- The Freckled Face of Censorship or How Book Bans Are Restricting Our Freedoms - U.S. News & World Report - March 26th, 2025 [March 26th, 2025]
- Spice Girls latest victims of woke censorship as iconic '90s song has 'offensive' lyric removed by BBC and other stations - GB News - March 26th, 2025 [March 26th, 2025]
- MEDIA ADVISORY: HFAC Subcommittee Hearing on the Censorship-Industrial Complex - House Foreign Affairs Committee - March 26th, 2025 [March 26th, 2025]