Friend,

Even if you don’t like TikTok, you really won’t like what the Supreme Court just did.

On Friday, without a single justice dissenting, the high court ruled that the scheduled nationwide ban — or forced sell-off — of TikTok is constitutional. The Jan. 19 deadline remains in effect.

The opinion stated that the government’s data-collection concerns justified free-speech restrictions — and didn’t formally decide whether the First Amendment even applies in this case. As history has shown, undermining constitutional rights under the guise of national security is a hallmark of repressive regimes.

We saw this coming: Free Press filed an amicus brief with a coalition of free-speech groups to explain how the TikTok ultimatum — ban or sell — violates the First Amendment by unjustifiably restricting Americans from accessing ideas, information and media. That is too high of a price to pay under any circumstances — and especially when it fails to address the stated concerns around user privacy and data collection.

There are 170 million TikTok users in the United States, but this Supreme Court decision is bad news for all 341 million people who live here. Here’s why:

• This decision will not stop other digital platforms, apps and services from collecting the personal data of people like you.
• This decision will not stop manipulation and misinformation from continuing to run rampant and harm our democracy.
• This decision will limit avenues of expression while teeing up a potential takeover of TikTok by Elon Musk or a similarly shady tech billionaire.

For that matter, selling TikTok to a U.S. owner will do little to address the national-security concerns that underpin this verdict: The lack of real data-privacy protections in this country means any platform owner could package and sell user information to the highest bidder — including foreign interests.

The Supreme Court failed to address an internet-wide privacy crisis, failed to protect national security — and failed to uphold our Constitution. Banning TikTok sets a dangerous precedent that could pave the way to even more government interventions against online speech.

So what should be done? The best way to protect people’s privacy from prying governments and data brokers is to pass comprehensive data-privacy and surveillance-reform legislation that encompasses all of the websites, apps and other platforms that people engage with every day.

Of course, proactive and beneficial legislation would distract from Congress’ apparent schedule of tearing down fundamental rights and inflaming culture wars 🙄, but we’re determined to set a better agenda.

In the end, this entire legislative saga, culminating in today’s Supreme Court ruling, is a grim reminder of what we’re facing in our fight against authoritarianism. In times like these, we look to our supporters for encouragement and for the resources we need to continue fighting for your rights to connect and communicate — can we count on you today?

Thank you so much,

Candace and the rest of us at Free Press