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
- 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]
- Durbin Questions Witnesses In Judiciary Subcommittee Hearing On Censorship - RiverBender.com - March 26th, 2025 [March 26th, 2025]
- Hawley Exposes Big Tech as Willing Collaborators in Censorship: They Own It - Josh Hawley - March 26th, 2025 [March 26th, 2025]
- Scientists Respond to FTC Inquiry into Tech Censorship - R Street - March 26th, 2025 [March 26th, 2025]
- Venice Title Pooja, Sir: Rajagunj Released in Nepal After Extensive Censorship Battle: An Attack on the Fundamental Right to Freedom of Speech... - March 26th, 2025 [March 26th, 2025]
- 'Assault on the 1st Amendment': Expert buries Trumps 'censorship' argument in 60 seconds - AlterNet - March 26th, 2025 [March 26th, 2025]
- Billboard Chris fined, threatened with arrest in Brisbane days ahead of ultimate court challenge against government online censorship - ADF... - March 26th, 2025 [March 26th, 2025]
- Exclusive - Laughter Chefs 2's Rahul Vaidya on current scenario of comedy in India and Samay Raina; says - The Times of India - March 26th, 2025 [March 26th, 2025]
- Banned books of Alabama. These 25 face censorship in local libraries throughout AL - Montgomery Advertiser - March 26th, 2025 [March 26th, 2025]
- Beauty and the Beast: New book sparks censorship row in France - BBC.com - March 25th, 2025 [March 25th, 2025]
- Opinion: The day free speech began to retreat - The Globe and Mail - March 25th, 2025 [March 25th, 2025]
- CT library meeting on censoring LGBTQ+ content canceled after large crowd shows up - Hartford Courant - March 25th, 2025 [March 25th, 2025]
- Local leaders in Suffield accused of censorship following proposed library policy - Eyewitness News 3 - March 25th, 2025 [March 25th, 2025]
- USAID Coordinated With Censorship Agency, Documents Show - Daily Signal - March 25th, 2025 [March 25th, 2025]
- The EU wants to censor the global internet - Spiked - March 25th, 2025 [March 25th, 2025]
- Federal Governments Growing Banned Words List Is Chilling Act of Censorship - PEN America - March 25th, 2025 [March 25th, 2025]
- United States of Censorship - Marist College The Circle - March 25th, 2025 [March 25th, 2025]
- America First Legal Exposes Censorship Scheme by USAID and Global Engagement Center, Working With UK Government and Media Firms, to Use AI Censorship... - March 25th, 2025 [March 25th, 2025]
- Liberal Documentarians Panic as Industry Goes Trump-Friendly, but Conservatives Say Theyre Getting a Taste of Censorship and Its Satisfying - Variety - March 25th, 2025 [March 25th, 2025]
- OPINION | Censoring 'No Other Land' won't make the issue go away - The Jewish News of Northern California - March 25th, 2025 [March 25th, 2025]
- Miami Beach mayors censorship of No Other Land is yet another authoritarian move to shield Israel - Mondoweiss - March 25th, 2025 [March 25th, 2025]
- Elon Musks X sues union government over alleged censorship and IT Act violations - The Hindu - March 25th, 2025 [March 25th, 2025]
- Cartoonist accuses French Education Ministry of censorship for canceling his 'Beauty and the Beast' - Le Monde - March 25th, 2025 [March 25th, 2025]
- What are anti-censorship features and how is Proton VPN leading the way? - Tom's Guide - March 25th, 2025 [March 25th, 2025]
- Local opinion: Banning bones and books - Arizona Daily Star - March 25th, 2025 [March 25th, 2025]
- Coalition led by PEN Florida lobbies in Tallahassee to undo the harms of censorship - PEN America - March 25th, 2025 [March 25th, 2025]
- Beauty and the Beast comic book cancelled in France's 'worst ever censorship case' as 'inappropriate' Belle depicted as dark-skinned Mediterranean... - March 25th, 2025 [March 25th, 2025]
- Former Meta director says Mark Zuckerberg worked hand in glove with Beijing to build a censorship tool - Fortune - March 13th, 2025 [March 13th, 2025]
- RI Voices: Censorship harms those we should be trying to protect - The Boston Globe - March 13th, 2025 [March 13th, 2025]
- Opinion | Think Twice Before Using These Words - The New York Times - March 13th, 2025 [March 13th, 2025]
- World Day Against Cyber Censorship: RSF Collateral Freedom project restores access to BBC News in countries where it is blocked - Reporters sans... - March 13th, 2025 [March 13th, 2025]
- FCC To Investigate Alleged Faith-Based Discrimination at YouTube TV as It Ramps Up War on the Censorship Cartel - The New York Sun - March 13th, 2025 [March 13th, 2025]
- DW defies censorship with innovative solutions - DW - March 13th, 2025 [March 13th, 2025]
- Florida Coalition to Speak Out March 11 in Support of Freedom to Learn Act to Reverse Harmful Censorship in Public Schools - PEN America - March 13th, 2025 [March 13th, 2025]
- Mark Zuckerberg Offered China Full Censorship Control And User Data Access, Says Meta Whistleblower: 'Working Hand In Glove With The Chinese Communist... - March 13th, 2025 [March 13th, 2025]
- Censorship at heart of FST's 'Bad Books' - Yoursun.com - March 13th, 2025 [March 13th, 2025]
- Interview: Tackling Censorship and Artistic Freedom - Everything Theatre - March 13th, 2025 [March 13th, 2025]
- Censorship and Australias Venice Biennale pavilion, a controversial AI auction, and Elizabeth Catlett in Washingtonpodcast - Art Newspaper - March 13th, 2025 [March 13th, 2025]
- Trumps censorship Czar orders NPR and PBS investigation - MR Online - March 13th, 2025 [March 13th, 2025]
- Meta Is All About Free SpeechExcept They Built a Censorship Tool for China - VICE - March 13th, 2025 [March 13th, 2025]
- Huntington Beach residents will vote on book censorship, library control in June - LAist - March 7th, 2025 [March 7th, 2025]
- Trump Calls On Congress To Pass The Take It Down ActSo He Can Censor His Critics - EFF - March 7th, 2025 [March 7th, 2025]
- Turning the Page on Literary Censorship in the US - SUNY The New Paltz Oracle - March 7th, 2025 [March 7th, 2025]