Topic: Editorial Discretion

During Supreme Court oral arguments, TikTok's legal team argued that the app's algorithm constitutes protected free speech under the First Amendment. Justice Amy Coney Barrett questioned whether the "editorial discretion" involved in the algorithm would classify the platform as a publisher, potentially impacting its Section 230 protections. The court's focus on national security suggests a 9-0 lean toward upholding the divestiture law despite the free speech claims.