I also see why people are interpreting my comment to mean that because it’s a restriction on my speech it’s not constitutional because that’s how people usually act on the Internet. But I don’t and didn’t. What I said was it was a restriction on my speech and I believe that’s more of interesting case than the restriction on TikTok’s speech. The ramification of that is that the courts would adjudicate the free speech restriction at an appropriate scrutiny level and determine whether that restriction is allowable. As we all know, some restrictions are allowable and constitutional. Others aren’t.
It’s not unreasonable, wild, or strange to point out that there’s a restriction on speech here, and to point out that conflict needed to be resolved to determine constitutionality.
Most are handled at the district level, if the court felt there was no legal issue at play, they would have denied cert. Their opinion did end up being per curiam which suggests the court feels clearly about the case, but does not suggest they never felt there was an issue worth arguing.
