Essay based on TikTok ban that keeps resurfacing in the news

Essay Instructions:

hey, please use files I provide as references, the paper should draw from a minimum of two Scholarly course readings and any relevant cases. I am changing up the prompt that I used last semester because I think the latest Congressional effort to force a sale of TikTok or implement a nationwide ban provides a timely focus for an analysis of the First Amendment. This legislative contemplation has sparked a vigorous debate surrounding the intersection of national security, free speech, and the digital landscape. It is especially interesting because it's support/opposition doesn't exactly fall along party lines. The current bill passed a bipartisan committee in the House 50-0. And it's opposition is equally bipartisan, finding support among progressive Democrats and hard-right Republicans. And this isn't the first time this has happened. A series of executive actions by former President Trump targeting TikTok in 2020 was stalled out via court actionLinks to an external site.. Proponents of the ban are concerned primarily two things: that China might 1) use the app to gain users' personal data, or 2) use it to influence Americans' political opinions. Per this WP articleLinks to an external site., federal officials have not provided public examples of this since they launched an investigation into the app five years ago. However, this opinion piece by Noah SmithLinks to an external site. links a study by the Network Contagion Research Institute showing evidence of the latter. The NYT has run articles reporting on TikTok's saturation of content that provides misinformation on the US economyLinks to an external site. and supporting a decades-old letter by Osama bin Laden criticizing the US and its support of IsraelLinks to an external site.. This WSJ articleLinks to an external site. discusses the flood of videos with extreme positions from both sides of the Israeli-Palestinian conflict. And a report released March 11th by US intelligence officialsLinks to an external site. finds that the Chinese government used TikTok to promote its propoganda and to influence the 2022 midterm elections. Those opposing the ban raise 1st Amendment concerns. The ACLU arguesLinks to an external site. that the bill would "ultimately allow the Commerce Secretary to ban entire communication platforms" having "profound implications for our constitutional right to free speech." And in fact, a bill attempting to ban the app in Montana was blocked by the federal district court thereLinks to an external site.. Trump's stand on the issue has actually pivotedLinks to an external site., as he has argued that banning the platform can only help Facebook which he has labelled an "enemy of the people" (although it's been pointed outLinks to an external site. that he's been talking to potential political donors with large stakes in TikTok). Write a 4-6 page paper (double spaced, 12 point font, no more than 1" margins) that addresses the prompt below. For this paper, you can use the additional sources linked above if you'd like but the paper should also draw from a minimum of two scholarly course readings and any relevant cases. Citations should be either APA or Chicago. Your essay should explore the following: 1. First Amendment Concerns: Delve into the specific First Amendment issues that this legislative action raises. Discuss how the proposed measures intersect with the rights to free speech and expression, especially in the context of a platform that serves as a significant medium for these activities. Analyze how the bill could set precedents for government intervention in digital communication platforms. 2. Potential Legal Challenges: Anticipate the legal challenges that might arise if the bill is passed. Evaluate the possible arguments that could be made in court, the likelihood of these challenges succeeding, and the implications of potential judicial outcomes. Reflect on how these legal battles could influence future legislation regarding technology and free speech. 3. Law as Politics: Consider how this legislative initiative exemplifies the notion that "law is politics." Discuss how the proposed bill, its motivations, potential impacts, and the surrounding debate reflect broader political ideologies, agendas, and power struggles. Analyze how this case study illustrates the interplay between lawmaking, political objectives, and the judicial interpretation of constitutional rights. 4. Your Perspective: Your essay should not only provide a detailed examination of the above aspects but also articulate a well-reasoned perspective, supported by relevant legal precedents, scholarly arguments, and empirical evidence. It should critically engage with the complexities of the issue, demonstrating an understanding of how law, technology, and politics intersect in the modern world. Most of the articles linked above are free to access. Some require subscriptions to the NYT or the WSJ - both of which are available to you at no cost through the Rutgers library: NYT accessLinks to an external site. / WSJ accessLinks to an external site.. The WP article does require a subscription, so I have posted a pdf below.

Essay Sample Content Preview:

Banning TikTok in US: A Critical, Legal, and Political Review Author’s Name The Institutional Affiliation Course Number and Name Instructor Name Assignment Due Date Introduction Recently, the US government’s stance on suspicious social media apps, specifically TikTok, has become a topic of animated and heated debate among political and social circles since several aspects of this proposed ban contradict the provision of the First Amendment. In 2023, some senators introduced a bill to impose a nationwide ban on TikTok because of security and privacy concerns (Leventoff, 2023). Besides, the Biden Administration and Congress have been trying to influence ByteDance, the owner of TikTok, to sell the app through legislation (Smith, 2024). Even during the tenure of the Trump Administration, several attempts aiming to impose a ban or limit TikTok became the talk of the town. For instance, in 2020, the Trump Administration imposed a ban on using this short video app because of its potential implications on Americans' national security and data privacy (AP News, 2021). Nevertheless, the American judiciary, in response to TikTok’s petition against the ban, overruled the imposed ban (AP News, 2021; regardless of the opposition to the ban from legal and political circles, the app’s future is still in limbo, given the extent of government’s stance against it. One of the gravest concerns of the proponents of TikTok is the reality that imposing a ban on this social media platform directly violates the provisions of the First Amendment. In this regard, some senators have expressed concern that this ban directly violates the freedom of expression that the First Amendment guarantees to all Americans (Harwell et al., 2024). Since the legal status of TikTok is still uncertain, this discussion aims to analyze the potential negative implications of the ban on the app through the lens of the First Amendment, legal challenges, and political perspectives to draw a logical and rational perspective on the ban. First Amendment Concerns The First Amendment was a revolutionary amendment in the American Constitution in terms of its far-reaching implications for the protection of fundamental human rights in American society. Passed on December 15, 1791, this amendment guarantees the protection of fundamental human rights to American citizens (LII, n.d.). Among the other fundamental rights that this amendment protects is the right of self-expression; based on the approved interpretation of this aspect of the amendment, American citizens are free to express themselves in any way, provided they do not cause harm to others (University of Wisconsin, n.d.). The First Amendment allows people to express their religious and political views without fear or discrimination. Moreover, Congress is forbidden to make any laws or policies that violate this fundamental right of individuals (University of Wisconsin, n.d.). This specific and clear stance of the First Amendment makes a ground for the opponents of the ban on TikTok to provide legal and constitutional justification for the app. To illustrate, according to expert Jenna Leventoff, implementing this ban will allow Congress to impose bans on virtually all social media platforms on political grounds (Leventoff, 2023). Since this ban allows Congress to impose a ban on social media communication platforms even without evidence, it violates the fundamental protection of freedom of expression that the First Amendment guarantees. Another important aspect of this bill, known as the RESTRICT Act, is that it confers additional power to the Executive Branch to control digital technology and means of communication (Leventoff, 2023). Therefore, this ban is a direct violation of the First Amendment, which prohibits Congress or the government from making any laws or legislation aiming to prohibit people's freedom of expression (University of Wisconsin, n.d.). An in-depth understanding of the proposed ban on TikTok reveals further details of how it violates the First Amendment. A crucial aspect of the freedom of expression, duly protected under the First Amendment, is that freedom of expression also entails the easy flow of information, art, and communication (Leventoff, 2023). However, the proposed bill to ban TikTok tends to act as an officially and legally approved means to obstruct people and the community’s digital connections and right to communicate freely (Leventoff, 2023). Hence, based on this aspect, this bill contradicts the spirit and inspiration of the First Amendment, as it will open the door to consistent government interference with communities and communications. The Potential Legal Challenges The proposed RESTRICT Act and the associated controversy have generated several challenges and obstacles in the way of the bill's final approval in terms of legal and ethical issues related to this bill. Based on the views of the bill's proponents, TikTok has become a digital tool for the Chinese government to influence American society's political and economic discourse. Take the example of federal officials’ allegation that this app may allow Chinese authorities to steal data from American citizens and use it to shape their m...

Updated on July 21, 2024

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