Evelyn Douek, a professor at Stanford Law School who focuses on online speech, said First Amendment legal precedents make clear that the government cannot shut down speech based on a hypothetical or potential threat to national security.

“The First Amendment places the burden on the government to demonstrate that the harms are real and that their response will actually mitigate those harms,” Douek said. “To date, the government has not met this bar in the public domain, at least with respect to TikTok.”