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
- Faith for Libraries Campaign Will Combat Book Censorship and Defend Religious Freedom - American Library Association - November 10th, 2025 [November 10th, 2025]
- Why Jim Gaffigan Calls This the Best Time That Standup Comedy Has Ever Had Despite Censorship and Cancellation - Variety - November 10th, 2025 [November 10th, 2025]
- Britain calls it safety. It is censorship - Al Jazeera - November 7th, 2025 [November 7th, 2025]
- Author Visit Canceled at Last Minute; Maryland Returns Flamer to Shelves | Censorship News - School Library Journal - November 7th, 2025 [November 7th, 2025]
- Breaking norms to survive in war-torn Yemen - Index on Censorship - November 7th, 2025 [November 7th, 2025]
- The GENIUS Acts $250M battle begins now: Bitcoin stands as the last bastion against censorship - CryptoSlate - November 7th, 2025 [November 7th, 2025]
- Fix Indiana Universitys Free Speech Crisis - FIRE | Foundation for Individual Rights and Expression - November 7th, 2025 [November 7th, 2025]
- YouTube Quietly Erased More Than 700 Videos Documenting Israeli Human Rights Violations - The Intercept - November 7th, 2025 [November 7th, 2025]
- How artist Sais exhibition in Thailand was censored after Chinese protests - Index on Censorship - November 7th, 2025 [November 7th, 2025]
- A letter to the Home Secretary on transnational repression in the UK - Index on Censorship - November 7th, 2025 [November 7th, 2025]
- Meet the High Schoolers Who Overturned a State Reading Bowl Book Ban: Book Censorship News, November 7, 2025 - Book Riot - November 7th, 2025 [November 7th, 2025]
- This Journalist Asked the Simplest Question about Israel and Got Fired for It. If Zionists Think This Level of Censorship Helps Them They are Dead... - November 7th, 2025 [November 7th, 2025]
- Revealed: Secret plans to introduce media censorship in Australia - Pearls and Irritations - November 7th, 2025 [November 7th, 2025]
- Application Gatekeeping: An Ever-Expanding Pathway to Internet Censorship - Electronic Frontier Foundation - November 5th, 2025 [November 5th, 2025]
- University Censorship Committee spars over its own legality in first meeting - The Missoulian - November 5th, 2025 [November 5th, 2025]
- Indiana University facing lawsuit after claims it tried to censor student newspaper - NPR - November 5th, 2025 [November 5th, 2025]
- Staff Editorial: Censorship Goes Against the Core of Journalism - Pepperdine Graphic - November 5th, 2025 [November 5th, 2025]
- When speaking out feels risky: ASU study reveals the hidden dynamics of self-censorship - ASU News - November 5th, 2025 [November 5th, 2025]
- We will survive this: Fears about censorship in the entertainment industry grow - depauliaonline.com - November 5th, 2025 [November 5th, 2025]
- Censorship by Omission: How China Edits Reality Before Its Written - The Sunday Guardian - November 5th, 2025 [November 5th, 2025]
- Freedom of speech has never been for everyone : Code Switch - NPR - November 5th, 2025 [November 5th, 2025]
- Arizona university accused of censorship for banning poster - azcentral.com and The Arizona Republic - November 5th, 2025 [November 5th, 2025]
- Letter: Resist those trying to use censorship - The Globe | Worthington, Minnesota - November 5th, 2025 [November 5th, 2025]
- The Bolduc Brief: The Dangers of Censorship - A Critique of the Recent Secretary of Defense Guidance - SOFREP - November 5th, 2025 [November 5th, 2025]
- My Hero Academia's Censorship May Ruin the Final Season's Most Shocking Scene - Screen Rant - November 5th, 2025 [November 5th, 2025]
- Tesla's fourth Robotaxi crash is now official and suspicions grow about censorship of information in reports submitted to NHTSA - Unin Rayo - November 5th, 2025 [November 5th, 2025]
- 'Thank God for GB News!' Donald Trump ally accuses BBC Panorama of 'arrogant censorship' in heated tirade - GB News - November 5th, 2025 [November 5th, 2025]
- Inside the Israeli Media's 'Shocking Self-censorship' of the Horrors of Gaza - Haaretz - November 3rd, 2025 [November 3rd, 2025]
- Exclusive | Facebook still censoring The Posts reporting on Black Lives Matter despite pledge to end restrictions - New York Post - November 3rd, 2025 [November 3rd, 2025]
- New Report Shows Right-Wing School Boards Responsible for Book Banning, Censorship and Anti-LGBTQ Policies Across Pennsylvania - Bucks County Beacon - November 3rd, 2025 [November 3rd, 2025]
- Indiana University Lifts Ban on Printing News in College Newspaper - The New York Times - November 3rd, 2025 [November 3rd, 2025]
- Alfian Saat On Censorship, Courage, And The Power Of Singapore Theatre - a+ Singapore - November 3rd, 2025 [November 3rd, 2025]
- Tech Executives & Others Testify on Internet Censorship - C-SPAN - October 30th, 2025 [October 30th, 2025]
- Russia's Digital Censorship Intensifies with Selective Internet Blocking in 2025 - - October 30th, 2025 [October 30th, 2025]
- Rogue Goodreads Librarian Edits Site to Expose 'Censorship in Favor of Trump Fascism - 404 Media - October 30th, 2025 [October 30th, 2025]
- CNN Boss Ordered Teardown Censorship After V.I.P. West Wing Visit - The Daily Beast - October 30th, 2025 [October 30th, 2025]
- Everybody Loves Wanda Sykes: The Comedy Legend on Ending The Upshaws, Why Her Character Is Straight and Why She Wont Censor Herself in Trumps America... - October 28th, 2025 [October 28th, 2025]
- CNN Boss Ordered Teardown Censorship After V.I.P. West Wing Visit - Yahoo - October 28th, 2025 [October 28th, 2025]
- Online Regulators Have Launched an Operation to Censor Pessimists. Here's Where It's Happening - People.com - October 28th, 2025 [October 28th, 2025]
- Freedom in the Arts launches survey into censorship in the arts - Arts Professional - October 28th, 2025 [October 28th, 2025]
- Gerry Adams: Censorship anniversary is a lesson for today - Irish Echo Newspaper - October 28th, 2025 [October 28th, 2025]
- Theres only room for one god in China - Index on Censorship - October 28th, 2025 [October 28th, 2025]
- The Chainsaw Man Movie is Completely Faithful to the Manga Including the 'Censorship' - Comic Book Resources - October 28th, 2025 [October 28th, 2025]
- Crypto Treasury Stocks Face a Reckoning. Why Boom Could Turn to Bust. - Barron's - October 26th, 2025 [October 26th, 2025]
- The Lone House Democrat Who Thinks His Party Has the Shutdown All Wrong - The Wall Street Journal - October 26th, 2025 [October 26th, 2025]
- Voters are about to speak. What they say might not end the shutdown. - Politico - October 26th, 2025 [October 26th, 2025]
- US government shutdown threatens the spending power of Congress - Reuters - October 26th, 2025 [October 26th, 2025]
- Hungry kids are about to become the new face of the shutdown - MSNBC News - October 26th, 2025 [October 26th, 2025]
- Dems Can Win a Senate Seat in Texas. Yes, Really - Rolling Stone - October 26th, 2025 [October 26th, 2025]
- The shutdowns looming health care cliff - Politico - October 26th, 2025 [October 26th, 2025]
- 'A Nice Indian Boy' | Whats in a name? Ask the censor board - The Hindu - October 26th, 2025 [October 26th, 2025]
- Why Did Indiana University Axe Its Award-Winning Print Newspaper? - The Nation - October 26th, 2025 [October 26th, 2025]
- In America, no government has the right to censor - ironmountaindailynews.com - October 26th, 2025 [October 26th, 2025]
- Buried on the Ballot, Prop 15 Sparks Fears Over Censorship and Trans Youth Care - Dallas Observer - October 24th, 2025 [October 24th, 2025]
- U of M sits tight on institutional speech code amid growing concerns of faculty censorship - MinnPost - October 24th, 2025 [October 24th, 2025]
- Court Awards $885,000 in Attorney Fees After Counseling Censorship Victory - Focus on the Family - October 24th, 2025 [October 24th, 2025]
- Organizers Cancel a University Conference on Censorship After Being Warned It Could Run Afoul of Utah Law Unless It Was Censored. Yes, You Read that... - October 24th, 2025 [October 24th, 2025]
- The Librarians Centers the Educators Fighting Book Bans - The Progressive - October 24th, 2025 [October 24th, 2025]
- EDITORIAL: In wake of Indiana University, student press must stand as one against censorship - The Daily Eastern News - October 24th, 2025 [October 24th, 2025]
- College faculty are under pressure to say and do the right thing the stress also trickles down to students - The Conversation - October 24th, 2025 [October 24th, 2025]
- Russian censorship body confirms it has partially blocked WhatsApp and Telegram - - October 24th, 2025 [October 24th, 2025]
- Editorial: The Spectator Condemns the Suppression of Free Speech at IU - seattlespectator.com - October 24th, 2025 [October 24th, 2025]
- Opinion | My Bosses Were Afraid of Crossing Trump. So, I Quit. - Politico - October 23rd, 2025 [October 23rd, 2025]
- Trump Campaigned on Free Speech. That Isn't How He's Governed. - Reason Magazine - October 23rd, 2025 [October 23rd, 2025]
- Watertown Group Hosting Presentation on Promoting Inclusion, Resisting Censorship - Watertown News - October 23rd, 2025 [October 23rd, 2025]
- No, There Never Was a Biden Censorship-Industrial Complex - theunpopulist.net - October 23rd, 2025 [October 23rd, 2025]
- Indiana University subsidizes IDS, so it has the right to cut print editions | Letters - IndyStar - October 23rd, 2025 [October 23rd, 2025]
- EDITORIAL: Statement in support of the Indiana Daily Student - The Butler Collegian - October 23rd, 2025 [October 23rd, 2025]
- Censorship is the Real Danger, Not the Books - Talon Marks - October 23rd, 2025 [October 23rd, 2025]
- Censoring the Indiana Daily Student contradicts IU's core principles | Letters - IndyStar - October 23rd, 2025 [October 23rd, 2025]
- The censors have names. Use them. - goSkagit - October 23rd, 2025 [October 23rd, 2025]
- CT ACLU Legal Director: The closest analog to us is the McCarthy era - dailycampus.com - October 23rd, 2025 [October 23rd, 2025]
- Contents Truth, trust & tricksters: Free expression in the age of AI - Index on Censorship - October 23rd, 2025 [October 23rd, 2025]
- Geopolitics and Corruption - A History of the Objections to NGO Participation in the UN Convention Against Corruption, 2017-2023 - The National Law... - October 23rd, 2025 [October 23rd, 2025]
- Why the Open Technology Fund Is Worth Saving - The Dispatch - October 23rd, 2025 [October 23rd, 2025]
- LETTERS TO THE EDITOR: Reactions to IU's censorship of the IDS - Indiana Daily Student - October 21st, 2025 [October 21st, 2025]
- Whats the biggest threat to free speech censorship or contempt? - Deseret News - October 21st, 2025 [October 21st, 2025]
- Jodi Picoult decries 'devastating' H.S. cancelation of her musical 'Between the Lines' - Asbury Park Press - October 21st, 2025 [October 21st, 2025]
- Self-censorship and the spiral of silence: Why Americans are less likely to publicly voice their opinions on political issues - Yahoo - October 21st, 2025 [October 21st, 2025]
- My first encounter with censorship - Grand Haven Tribune - October 21st, 2025 [October 21st, 2025]