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Advisory Opinions

TikTok Decision Emergency Pod

Advisory Opinions

The Dispatch

News, Politics, Government

4.8 • 3.6K Ratings

🗓️ 17 January 2025

⏱️ 55 minutes

🧾️ Download transcript

Summary

David French and Sarah Isgur come at you on this Friday evening to enumerate the absurdities of the TikTok ban-or-sale discourse following the Supreme Court’s decision to uphold the law, a plangent (and perhaps futile) homage to Congress actually doing its job. Plus: Biden “ratifies” the Equal Rights Amendment and Sarah loses it. Advisory Opinions is a production of The Dispatch, a digital media company covering politics, policy, and culture from a non-partisan, conservative perspective. To access all of The Dispatch’s offerings—including Sarah’s Collision newsletter, weekly livestreams, and other members-only content—click here. Learn more about your ad choices. Visit megaphone.fm/adchoices

Transcript

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1:00.3

Ready?

1:02.1

I was born ready. Welcome to an emergency episode of Advisory Opinions. I'm Sarah Isgird. That's David French, and we have the TikTok case, and it's unanimous.

1:30.6

And we'll break all of that down for you. And just to let you know, then there will be a rant on the Equal Rights Amendment at the end of this podcast, the rarely reserved emergency podcast with two emergencies to discuss. But first, David, TikTok, it's what we've all

1:48.0

been waiting for. All right, the TikTok decision has been issued by the Supreme Court, and I will

1:53.2

read my truncated version to you, David. As applied to the petitioners, the challenged provisions

1:59.9

are facially content neutral and are justified by a content-neutral rationale.

2:05.6

As applied to the petitioners, the act satisfies intermediate scrutiny.

2:09.6

The challenged provisions further an important government interest unrelated to the suppression of free expression,

2:15.3

and do not burden substantially more speech than necessary

2:18.1

to further that interest. There is no doubt that for more than 170 million Americans,

2:23.7

TikTok offers a distinctive and expansive outlet for expression, means of engagement, and source

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