Part 5/9:
In assessing the law against the First Amendment, the level of scrutiny applied plays a crucial role. Courts typically assess government regulations using three standards: strict scrutiny for fundamental rights, intermediate scrutiny for rights that are not fundamental, and rational basis review for non-fundamental regulations. The Supreme Court, in its recent ruling, determined that the law requires heightened scrutiny due to its implications on free speech.
While discussing the case, the court acknowledged the government's claims that failure to regulate TikTok could enable foreign adversaries to collect sensitive data about Americans and manipulate content. The government argued that such a threat compels the need for strict oversight over apps like TikTok.