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SCOTUS Unanimously Upholds TikTok Ban

2025/1/17
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Strict Scrutiny

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Kate Shaw
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Leah Littman
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Melissa Murray
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Kate Shaw: 最高法院一致裁定维持TikTok禁令,该决定具有重大影响,可能为未来政府在国家安全背景下处理言论自由问题提供更多自由裁量权。法院认为该法案是内容中立的,适用中等审查标准,驳回了关于TikTok披露与中国政府关系的替代方案。法院强调TikTok的数据收集行为,但避免将裁决建立在该法案仅适用于字节跳动的基础上。尽管法院强调其裁决的狭隘性,但它可能会对未来政府处理国家安全背景下的言论自由问题产生重大影响,可能允许政府使用内容中立的理由来掩盖基于内容的动机。法院的裁决实际上是维持了巡回法院的裁决,并没有做出实质性改变,并且在时间紧迫的情况下做出了草率的决定。 Leah Littman: 我对TikTok的消失感到悲伤,因为它不仅仅是一个舞蹈应用,它承载了更多内容和意义,例如对LGBTQ+社群的支持和分享。人们在TikTok上开玩笑地向他们的“中国间谍”发送信息,这表明他们意识到中国政府的监控。TikTok的消失也影响了我的生活,例如我通过TikTok了解Taylor Swift的巡演信息。 Melissa Murray: 最高法院的裁决意味着TikTok将在美国被禁,苹果和安卓等应用平台将无法再托管和服务TikTok。虽然TikTok应用不会立即从手机上消失,但由于无法更新,它很快就会变得无法使用。虽然法律并非直接针对用户,但我将告知我的孩子们TikTok被完全禁止了。

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The Supreme Court unanimously upheld the TikTok ban, leading to discussions about its implications. The hosts discuss potential scenarios, including the Biden administration's inaction and President-elect Trump's possible intervention. The episode explores the political ramifications of the decision and its potential to shift power dynamics.
  • Supreme Court unanimously upheld TikTok ban
  • Biden administration's deferral to Trump administration
  • Trump's potential intervention to keep TikTok available
  • Political implications and power shifts

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Mr. Chief Justice, may it please the court. It's an old joke, but when a man argues against two beautiful ladies like this, they're going to have the last word. She spoke, not elegantly, but with unmistakable clarity. She said, I ask no favor for my sex. All I ask of our brethren is that they take their feet off our necks.

Hello, and welcome back to Strict Scrutiny, your podcast about the Supreme Court and the legal culture that surrounds it. We're your hosts. I'm Melissa Murray. I'm Leah Littman. And I'm Kate Shaw. It is only the third week of 2025, and we are somehow already issuing emergency episodes. For reference, that didn't happen until February of 2024, so that may give you some indication of what we are likely in for.

The occasion for this one is the Supreme Court's decision in the TikTok case, TikTok versus Garland, though I think we're going to shorten it to TikTok block. I don't know. TikTok divestiture block I think is more accurate, but that doesn't have the same meaning to it. That doesn't work. Okay, TikTok block is good. That does not work. Just trying to be accurate. We are dispensing –

What is accuracy on the algorithm, Kate? Exactly. Alternative facts. TikTok block. A week after the oral argument in the case, the court released its per curiam opinion. Per curiam just means the opinion was unsigned. It doesn't identify the author. The opinion is also unanimous, joined by all of the justices, although Justices Sotomayor and Gorsuch wrote separate concurring opinions as well.

And as expected, because all joy must die at one first street, the court denied TikTok and TikTok users requests for an emergency injunction against the law that will effectively ban TikTok in the United States. This means that the law will go into effect in two days, at which point it will be illegal for U.S. applications and platforms like Apple or Android to host and service TikTok.

So in other words, the app isn't just going to disappear from your phone if you already have it, but it is going to become relatively unusable in a relatively short period of time because those platforms where you get your apps and your updates won't be able to provide an update for TikTok and TikTok issues updates for its app probably around twice a week. So it's going to be obsolete relatively soon.

But just as Melissa was saying, to be clear, the law doesn't operate directly on users. So it does not become unlawful for you to continue to check TikTok in the interim. But also, as Melissa was just saying, unless I'm your mother, and then it does. And then it's definitely criminal. It's definitely unlawful. Not telling me. I'm going to tell my kids it's a total ban. A total ban. They can't use it.

But OK, in terms of what this means on the ground, we're going to, in this short emergency episode, go through what happens or might happen next. So, again, more of the practical fallout and also, of course, the opinion and what it said.

And it will be sprinkled in with my anguished, forlorn messages about the demise of TikTok. Hopefully they will reach my Chinese spy, my personal Chinese spy who literally got me through my elbow accident and gave me the will to live. Like I have to say, I knew this was coming.

And yet it still made me very sad. Like I woke up this morning and watched and looked at extra TikTok. You know, I've previously obviously like referred to it as like a dance app. It's so much more than that, as will become clear throughout the episode. Like the love notes, the recent posts on TikTok,

from everyone to their Chinese spy, like they're hilarious. They have just left me gagged. I love it. No apologies. I think I'm a little more sanguine about the demise of TikTok, mostly because literally my children would rather watch TikTok videos than read books. And that leaves me feeling some kind of way. But

For the constitutional aspects in the court, yes, I'm with you, Leah. For everything else, I don't know. Like, I hope you all find your Chinese- Maybe I'll convince you by the end. Maybe. Again, like, I'm in the middle somewhere. I'm not really sure how to feel. But let's talk about what might happen next for TikTok. So,

TikTok might come to an end in a slightly different way than what you might anticipate given the court's opinion. So not just that it might become unusable or obsolete. According to some reports, the company plans to take the platform completely offline on Sunday once the ban goes into effect. And because we live in the most chaotic of times, there's just a good deal of uncertainty about what might happen next. So let's tick through a couple of scenarios.

TikTok through. TikTok. TikTok on the clock. Here we go. So, one, just in terms of injecting real uncertainty into the discourse, NBC has reported that the Biden administration does not plan to levy billions of dollars in fines against companies that allow access to TikTok in the U.S., according to two administration officials.

Quote, the administration has decided to defer implementation of the law banning TikTok in the U.S. to the incoming Trump administration. So I think what this means is even though by its terms the law goes into effect on January 19th while Joe Biden is still the president, they're just going to pretend it doesn't.

and just pass the hot potato to the Trump administration to do something about this mess, which I just want to say that all strikes me as great on the eve of Trump's inauguration for the outgoing administration to openly embrace the position that laws passed by Congress are optional. So nice work, guys.

Love to see it. But in any case, it's not even like that promise, or even if Donald Trump made a similar promise not to enforce the law, that any of that would ensure TikTok's continued availability because the law imposes $5,000 in fines per user with a statute of limitations of five years. So that would be billions of dollars in liability and be

Now, President-elect slash consummate dealmaker Donald Trump is also reportedly making noise about trying to keep TikTok available in the United States. And he's been making noise about it for a long time.

There are reports that Trump is exploring ways to extend the deadline of the law. The act permits the president to grant a one-time extension of no more than 90 days with respect to the prohibition's effective date if the president makes certain certifications to Congress that there is enough progress toward a qualified divestiture. And it's not entirely clear how Donald Trump would do this or what all of that would entail.

But perhaps anticipating that there is some kind of executive action forthcoming, Congress debated the possibility of an extension on Thursday. And let's just say that not everyone in the Republican coalition is in line with the president-elect with regard to their affinity for TikTok. Let's hear from Senator Tom Cotton. TikTok isn't just another social media platform. TikTok is a Chinese communist spy app.

that addicts our kids, harvests their data, targets them with harmful and manipulative content, and spreads communist propaganda. So let me be crystal clear. There will be no extensions, no concessions, and no compromises for TikTok.

Real question. Will TikTok be the straw that broke the camel's back of the conservative coalition? Please say yes. Raw. Next question. But, you know, no matter the answer to that question, I want to ensure one Samuel Alito that it will be OK. People will still be able to read the stories that are available on Pornhub. And if you don't understand that reference, stay tuned for our next episode.

So Trump is also reportedly considering making a determination that would allow TikTok to continue not just temporarily, but indefinitely in the United States. The law by its terms says that TikTok cannot operate unless there's a substantial divestment from ByteDance, the Chinese company. So if the president determines that there has been substantial steps toward that divestment, then the platforms would be able to host and service TikTok.

The way the law works is that a qualified divestiture is supposed to be one that the president determines will result in the application no longer being controlled by a foreign adversary. And if Trump goes this route, he's likely to make this determination, but unclear whether that will actually rest on a real substantial divestment. But hey, the law is optional anyway. And facts don't matter. We know that from the Supreme Court too, right? So it's all just kind of up for grabs. Yeah.

Another thing that is in the works is Donald Trump is, as his Solicitor General nominee told the Supreme Court, attempting to negotiate some kind of deal. And since he is also, according to his Solicitor General nominee, the consummate dealmaker, who knows what will come of that? I'm really hoping that one thing that comes from it is a new Mark Burnett show, The Apprentice TikTok version, where contestants vie to run TikTok for Donald Trump.

And we can be the president that we're going to have in 20 years. And I really, you know. That's how it's going to work. That's how we pick presidents these days. I don't want to experience that show without TikTok, though.

Right. Because like it makes those things all the more fun when you have all of these different people piling on and satirizing them. And yeah. Anyways, so all of this is to say that in what may end up being one of the more remarkable self-owns, Democrats may have turned themselves into the party that attempted to kill TikTok and Trump will be the one to have saved it.

Truly genius move. Sam Alito is literally cackling to himself. And, you know, Donald Trump could get credit even though he was the first president to explore banning TikTok. You know, he tried to do it with an executive order that was blocked by courts. OK, as is probably clear from this discussion, the point is that there is a lot that is in flux and the situation is quickly developing. We are recording this, you know, about an hour after the Supreme Court issued its order on Friday. So maybe let's turn to that now. What did the Supreme Court say in this order to get to this result?

So it assumed that the law triggered some kind of First Amendment scrutiny, but it concluded that the law was content neutral, which meant the law wasn't subject to strict scrutiny, but rather intermediate scrutiny. The standard of review, i.e., whether strict scrutiny or intermediate scrutiny or the lowest level review, rational basis review applies, is really important here because the standard of review dictates how closely the court will look at the law and whether the court will make extra sure

that the government's stated purpose for the law is in fact its actual purpose and whether the court will look closely to see whether the law's restrictions on speech advance those stated aims and do so in a way that is no more restrictive than necessary to advance those aims.

So here, for example, the court rejected the petitioner's proposed alternatives that would have been less restrictive to TikTok, like, for example, having a disclosure requirement that disclosed that TikTok and ByteDance had some kind of ties to the Chinese government.

The court rejected that argument on the view that there is latitude that the courts afford the government for designing regulatory solutions. And these are entirely pertinent when you're in that intermediate standard of review. So not as strict as strict scrutiny, not as deferential as rational basis. But even in that intermediate area, there's some latitude that the government is owed. Some third thing where the government apparently just wins when it says national security. Feels a little bit like rational basis, but.

Right, exactly. So why did the court conclude that this law was content neutral? You know, a content-based regulation is something that applies to particular speech because of the topic or message, whereas a content neutral law is one that still restricts speech, but not because of its content. So here the government said it was restricting speech because the platform was effectively owned and controlled by a foreign adversary who was determined to be hostile to the United States.

So the court focused in its discussion on the data protection slash data collection rationale and found that that was sufficient to uphold the law. And this is kind of how we predicted when we discussed the oral argument in the case. So the government had actually offered two justifications for the law. First, that the ban prevented China from collecting data that it might use for blackmail, corporate espionage, things like that. And then the second justification was that the ban prevented China from covertly manipulating what content users see.

The first of these rationales, the data collection rationale, is much more removed from the content of what's available on TikTok, what the algorithm recommends. And therefore, it is just further afield from the First Amendment so that it merits a less stringent standard of review.

Although some might argue that the content manipulation rationale is in fact content-based, but in this case, the court said it didn't have to consider whether that rationale would trigger strict scrutiny because, quote, the record before us adequately supports the conclusion that Congress would have passed the challenge provisions based on the data collection justification alone, end quote. So,

Nothing to see here, folks. So that part of the opinion is a little concerning to me because it made me wonder, are they going to, in other cases, allow governments to basically hide or get away with content-based justifications, motivations, by covering them up with and citing content-neutral justifications as well? Well,

Well, in particular ones that sounded national security rationales. Right. Yeah, I think that's genuinely concerning. Yes, this is me staring in Arlington Heights. This is basically what the court does in situations where you have facially neutral laws that have discriminatory impact on the courts like no big deal, because you didn't actually write into the letter of the law that you were going to be discriminating. And so here we go. Same thing. Yeah.

So as to that content-neutral data collection rationale, the court emphasized about how the reporting has suggested TikTok's data collection practices include gathering stuff like age, phone number, location, internet address, phone contacts, social network connections, and the content of private messages that are sent through the application, as well as the videos people watch. And it rejected the suggestion that the law was problematic because

because there was not yet evidence that China was using the data for blackmail or espionage, or because there wasn't yet evidence China manipulated the algorithm, the court wrote, quote, even if China has not yet leveraged its relationship with ByteDance to access U.S. TikTok users' data, petitioners offer no basis for concluding that the government's determination that China might do so is not at least a reasonable inference based on substantial evidence, end quote.

So the court avoided grounding its ruling on the idea that the law operates only on ByteDance. And the court also didn't say that the law was fine because it merely regulated the owner of the platform. So the court seemed to recognize that laws favoring some speakers over others sometimes do reflect a view about content, but that other times they don't.

And the court did take pains repeatedly to emphasize the narrowness of its ruling. So here's one representative quote. TikTok's scale and susceptibility to foreign adversary control, together with the vast swaths of sensitive data the platform collects, justify differential treatment to address the government's national security concerns.

And in a few passages, it actually drove me insane. I don't know about you guys, but the court defensively was like, this is all pretty tentative and sketchy because we had so little time to consider and decide the case. This is really one of these ticket for one ride only kinds of opinions. Don't take much First Amendment content from what we are saying. Don't take anything we say seriously. It's not like law in the real sense. It's like, my guys, you know.

First of all, like you did not have to take this case at all. This was a case the D.C. Circuit had already decided and had already upheld the law. So all the Supreme Court did was take the case,

Right. A very rushed opinion saying, yeah, D.C. Circuit, you got it right. The D.C. Circuit also used intermediate scrutiny. They didn't even differ. No, they did nothing very different except for they casually dropped a lot of, you know, First Amendment doctrine that, again, they are trying to control the application of. But good luck with that. So awesome work. It's a he-peat. It's a he-peat. And they are liars.

literally sloppy time if this is really sloppy it's because we were rushed they rushed us I mean yeah very masculine energy in this he peed in some ways that's the most masculine energy well we're gonna get there but um Neil Gorsuch has some real conservative provence energy and his concurrence to so we'll get there tie a knot

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All right. So this is just an opinion about the First Amendment, the court repeatedly says, and what the government can do when it comes to speech by just invoking national security. And it does all of this on the eve of the second Trump administration. So despite the court's professed narrow decision, it does feel like this is really consequential and indeed significant.

maybe giving the Trump administration going forward some real ammunition in which to be fast and loose about First Amendment concerns in the context of national security. And again, the court seems to be saying like national security might be a get out of jail free card. I know we keep saying that, but there are a lot of get out of jail free cards going around. They love to dish them out either to Trump directly or on the eve of his administration. It's just like a really great time, guys, to be emphasizing the

large amount of deference given to the federal government whenever it invokes national security in the context of a constitutional challenge. I can't imagine what could possibly go wrong here. Right. And to go back to what I just said, they didn't have to take it at all. They didn't have to take it and decide it. But maybe actually they did because they wanted to just write something as a little Inauguration Eve gift to Trump that says, you get a lot of leeway if you just say these magic words.

It's got real that guy in your law school section energy, right? The court always insists they need to be the ones to say something, even if doing so makes it worse. Well, it's actually it's that guy energy two minutes before class is supposed to end. Yes. Yeah. I mean, that's the guy and that's the energy. Yeah.

So I wanted to highlight one additional passage from the opinion, which is near the opening, where the court said, quote, as Justice Frankfurter advised 80 years ago in considering the application of established legal rules to the, quote, totally new problems raised by the airplane and radio, we should take care not to, quote, embarrass the future, end quote. Too late.

Right. You guys already do that enough in your other opinions and extracurriculars. So I guess you didn't want to do so here. But don't be embarrassed the present as well. Yes. It's not just past and the future. Right. They do not discriminate. Content neutral. Yeah.

History neutrals. Time neutrals. All of it. Let's talk about the separate writings. So Justice Sotomayor wrote a very short concurrence in which she made clear that while she joined most of the court's opinion, she didn't join all of it, she would not have joined part

2A, I think it was, which is where the court talked about whether or not the First Amendment was implicated. She said, there really is no question here based on our precedents that the First Amendment is in fact implicated. The procurium opinion of the court assumed without deciding that the First Amendment was implicated. And she was like, yes, correct. Move on. Yes.

Justice Gorsuch spent four-ish pages, several of them bitching about how quickly the court had to act in the case, which prevented him from writing more of his usual drivel. He said, quote, We have had a fortnight to resolve finally and on the merits a major First Amendment dispute affecting more than 170 million Americans. Given those conditions, I can sketch out only a few and admittedly tentative observations. End quote.

If they're tentative, why bother sharing them? Work them out on the remix, my guy. He can't help himself. No, he can't. I love the use of Fortnite. Like, ahoy. No, you stay. You keep Taylor Swift out of your fucking mouth, Neil. He also says he's not sure the law doesn't trigger strict scrutiny. What? And doesn't like deciding what level of scrutiny applies. Like,

Okay, wait, can I actually just like weirdly come to the defense of Neil Gorsuch? Some of the energy in that separate concurrence was a little bit Justice Stevens. Like sometimes these like tears of scrutiny, we like pretend create these sort of formal categories in the world. So that is the charitable reading is he was at least he was evincing some, I think. Consider the source, Kate.

I'm just read in isolation. There is like a kernel of insight. No, it needs to be read in the context of these Trump appointed judges being like, let's just do away with the tears of scrutiny and do history and tradition instead. Right. That is what Neil Gorsuch is gesturing. Not in the tradition of John Paul Stevens. And to be fair, this is a four page writing where I think the most

important thing he wanted to get out was that we didn't have enough time. Like this isn't my best work. Right. Right. I wanted to do like 40 pages. Yeah. Um, like less on the tears of scrutiny, more on like, this isn't Neil at his best. And I'm like, fair. Um,

Right. It isn't the conservative grievance energy. He is always the victim. Right. He did talk about their own scheduling. He is the victim of that. He's a victim of John Roberts. So we all talked about that. I mean, he talked about the importance of these issues because there are so many social media platforms that engage in the censorship of conservative viewpoints. So that is in there. And, you know, he made sure to put it in.

But, you know, he concluded, even though strict scrutiny might apply, he wasn't so sure that the law would be constitutional under any level of scrutiny. You know, as Kate was suggesting charitably, to me, this wasn't the most annoying Neil Gorsuch separate writing, but I just wasn't in the mood for it right now, like on the eve of TikTok's demise. Not the guy I want to hear from. It's raw for you right now. It's true. No, it's not raw for me right now in the sense in which I invoked it earlier. Yeah.

I just meant you're in your feelings right now. Yes. No, I am in my feelings because now we are going to be experiencing the release of Reputation, Taylor's version, without TikTok, like without all of these TikTok sleuths to find all of the amazing Easter eggs and nuggets in there. I mean –

Again, my personal Chinese spy gave me the will to live this summer by showing me all of the Eros Tour surprise songs from the night before whenever I would wake up to do my physical therapy. Without TikTok, I wouldn't know what color Taylor Swift's nails were and all of these things. We wouldn't have the Apple Dance. We wouldn't have just like all of these like amazing different communities that are fun, funny, entertaining, and amazing.

Again, I understand the problems with social media, TikTok in particular. I think people should both read books and use social media. But it's a loss for me. I am sad. But it may just be that you're going to have some prologark and his algorithm. Oh!

trying to cheer you up first thing in the morning, right? I also want to emphasize for whoever might be listening, the Chinese spy is a metaphor. She is just joking around. It's a joke. Again, it goes to something that came up during the argument, which is everybody on TikTok knows that there's some affiliation between the platform and the Chinese government because people were just making TikToks that are jokingly addressed to my personal Chinese spy, evincing their awareness that China is in fact

watching and monitoring them. And it is, you know, they were also, well, I'll get to what they were also doing a little bit later. But back to the tech prologarchy, because one possibility coming out of all of this is, this is going to become another kind of manifestation or expansion of the tech

So the platform's CEO, Shouze Chu, was among the many tech executives who visited Trump's country club, Mar-a-Lago, last month. Can I just add, like, this is the same guy who appeared before Congress and Tom Cotton, whose views about TikTok we have now shared. Oh, yeah.

literally peppered him. Not even just like, like kind of assaulted him with questions about whether he was- He's like, aren't you Chinese? Yeah, and he's like, no dude, I'm from Singapore. Right. Have you ever had another passport? Nope, just Singapore. Nope. Ever applied for citizenship anywhere else? Nope, just Singapore. Yeah, I mean, it was a lot, but I'm just like, but he's at Mar-a-Lago bending the knee like-

Right. And at the same time, you know, Shozy Chu is there. Mark Zuckerberg. Mark Zuckerberg. He is the bear. Don't choose that bear. Yeah, don't choose that bear. Choose the other bears. Mark Zuckerberg. Any bear, really.

who leads Meta, owns Facebook and Instagram, is also groveling before Donald Trump and potentially stands to benefit from a TikTok ban. And this law could maybe shift control over TikTok to a U.S. billionaire and an aspiring or current oligarch. These considerations pull in different directions when you're thinking about what they might lead Donald Trump to do. But the point is the appearance of corruption influencing the decision is both stark and foul. Yeah.

And in addition to the Mar-a-Lago visits that you just mentioned, I'm pretty sure all these guys are going to be at the inauguration on Monday. So as the master dealmaker assumes control of the nuclear codes and the world's most powerful military, maybe he can do a side deal to see which broligarch is going to get the rose to become the next head of TikTok. So, you know, get a lot done in one day. Okay. That is truly dark and deep.

Let's identify some of the unintended consequences of the TikTok ban, things that maybe the court did not really anticipate coming when they issued this decision. So one thing that has happened is because of the impending ban, the most downloaded images

app among leading app stores in the United States this week was another Chinese social media app, this one called Xiaohongshu, which means little red book, like Mao Zedong's little red book. But it uses as its English name, Red Note. And this one is actually run by the Chinese government. So big fail here, guys.

The app's terms reportedly include things like you have to agree to be a member of the Chinese Communist Party and uphold socialist values. And America's young people are just flocking there. Like, yes! Like, yes!

Did John Roberts see this coming? I don't know. Amanda Hess of the New York Times described what is happening on Red Note in this way. Quote, Chinese power users and American newbies are spontaneously performing a mocking burlesque of national security policy, end quote. Great job, America. It was great. Right.

Yeah. So those are the TikTok refugees. Already mentioned, you know, the Chinese spy videos that people are making on TikTok. People are also making videos where they are literally just sharing their personal information on TikTok. Like, here's my email address. Here's my date of birth, right? Like China FYI, they are mockingly simulating sending care packages to the Chinese

Communist Party, which they enclose like a cheek swab and a hair. They are, you know, becoming very angry about how the U.S. federal government doesn't protect their data anyways. And, you know, the Red Note videos are generating like truly unhinged videos about how China is just immensely better than the United States. And there was one that was so funny. Like there was a

A post that I saw on Blue Sky where I think American users were inviting Chinese users to explain what's like the weirdest thing about the United States to them. And a Chinese user apparently wrote, why do you eat like your health care is free? Sick burn. Sick burn. And again, like these are the kinds of conversations and like fun, mocking conversations

that are happening on TikTok and are now happening on a social media platform actually owned by the Chinese communist party. Literally called Little Red Book. Right. And Donald Trump has...

just given us the warning that he's already working on it. So on his own social media platform, True Social, he said, quote, the Supreme Court decision was expected and everyone must respect it. My decision on TikTok will be made in the not too distant future, but I must have time to review the situation. Stay tuned! Exclamation mark.

Big Neil Gorsuch energy. I need time for this. It's also just inviting like y'all lobby me and worse. Yes. Because. Exactly. We're about to be open for business. Show me how much you want it. Yeah. Right. Mar-a-Lago has a private jet landing strip. So. Yes. Come on down, fellas. Yeah. Or catch me on DC Monday. So. Right. There we are. Yeah.

Donate to my inaugural fund, still open. I am not personally making videos to my Chinese spy, even though I was jokingly speaking to them over the airwaves on this episode. But I did want to just take this moment to briefly share the music that everyone on TikTok is using as background for their odes to their Chinese spies. So people who are not on TikTok and haven't experienced this can get a flavor of, again, the...

humor and whatnot that is happening on the app. So here you go. Melissa, have I changed your mind? Have I softened you on TikTok a little? I mean, I just, again, like... Just give you this. Okay. I mean... Thank you. Mostly for the free speech. Yes. I'm here for the free speech.

I documented all of the amazing free speech that was happening. Some of it anyways. No, but seriously, like people are sharing about how, you know, they helped realize they were like bisexual or lesbian, right. Because of the content that was available to them on Tik TOK, you know, at a time when Facebook is censoring minors from searching for LGBT rights issues. And, you know, a bunch of other stuff goes on and it just, it makes me sad. I mean,

I mean, if my kids were using TikTok to find recipes to make dinner, like, I would be entirely more inclined. But, like, mostly it's just, like, how to do avatar makeup, watching basketball videos, like, just...

Flooding the zone, really. You need moments of joy in the shit, right? Because I watch Ellie the Elephant do dances and other things. I love that. I do love that. Right, exactly. Exactly. I had previously posted things. I basically stopped. I'm not good at creating content, but I love consuming it. So don't worry, Melissa's daughter. But I know TikTok wasn't your métier. Or at least your daughter wasn't. Was it not your métier? No, it's not. Not your métier. You know, it is my métier. Okay.

If you want to pre-order my book, Lawless, you can do so. We will include a link in the show note and on social media, the platforms we are allowed to continue to use. Stay tuned for Book Talk on Lawless also coming at you. There won't be Book Talk, T-O-K. There will only be Book T-A-L-K. Maybe it'll be Red Book Book Talk and we can do it there. The cover is like a salmon pink. So yeah. It's a good cover.

Thanks so much for joining us for this emergency episode. I know it's weird to have it so early in the year. It's January, but this is how we do. So thank you, One First Street, for giving us an occasion to get together twice on a single day. Good job.

Strict Scrutiny is a Crooked Media production hosted and executive produced by me, Leah Littman, Melissa Murray, and Kate Shaw. Produced and edited by Melody Rowell. Michael Goldsmith is our associate producer. Audio support from Kyle Seglin and Charlotte Landis. Music by Eddie Cooper. Production support from Madeline Herringer and Ari Schwartz. Matt DeGroat is our head of production. And thanks to our digital team, Phoebe Bradford and Joe Matosky. Our production staff is proudly unionized with the Writers Guild of America East.

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