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Advisory Opinions

What's Next for TikTok?

Advisory Opinions

The Dispatch

News, Politics, Government

4.8 • 3.6K Ratings

🗓️ 10 January 2025

⏱️ 48 minutes

🧾️ Download transcript

Summary

In a special emergency recording, Sarah Isgur and David French react to today’s oral argument in TikTok v. Garland. The Agenda: —Tiers of scrutiny —What is TikTok? —Content creators’ First Amendment rights —The data sharing argument —Can SCOTUS punt to Trump? —Cases of the new Cold War Show Notes: —How TikTok Reads Your Mind 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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0:00.0

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dot com and secure your seats today ready i was born ready Welcome to a special emergency episode of advisory opinions.

0:52.4

I'm Sarah Isgar. That's David French.

0:56.9

This is the TikTok oral argument case. So David, right off the bat, how are you feeling after listening to that?

1:03.0

A lot less confident that the Supreme Court is going to uphold the D.C. Circuit than I thought going in.

1:08.6

No question about that.

1:18.0

It was the questioning of the Solicitor General prelogger was pretty intense.

1:27.4

I thought the advocates for TikTok and the creators did a really, really good job because what they did not do is really contest China's

1:32.4

control or China's malignancy, shall we say. They contested the means, the way in which Congress

1:40.8

did this. So I'm much less confident this is coming out against TikTok than I was before.

1:48.6

What about you, Sarah?

1:50.1

Way less confident, but I want to break the potential decision tree into four different areas

1:57.3

because the problem with any oral argument is you're trying to count to five.

2:00.9

And oftentimes by the time a case gets to the Supreme Court, you know, maybe we're like,

2:06.8

well, standing. But if they find standing, then we're moving on to the merits. You know,

2:10.6

there are sometimes these decision trees. But oftentimes it's like a yes or no and we're just

2:16.4

trying to count to five on a single question.

2:18.2

And that's usually not that hard coming out of a moral argument.

...

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