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Jun 1, 2025  |  
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NextImg:No, Banning TikTok Doesn't Violate the First Amendment


Sen. Rand Paul, R-Ky., broke from his Senate GOP colleagues on Tuesday over their opposition to TikTok, arguing that banning the popular social media app “goes against the First Amendment.”“I think it’s a really bad idea. And people need to ask themselves, ‘Why does the Chinese government ban TikTok, and do we want to emulate the Chinese government?”


“If you ban a social media platform, you know, I don’t know if you get any clearer that that goes against the First Amendment.”


Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.


Asked why he’s opposed to a bill introduced by Sens. Mark Warner, D-Va., and John Thune, R-S.D., that would give the president a pathway to banning TikTok, Paul replied, “I’m for the First Amendment to the Constitution, which says that companies that operate in the United States, we shouldn’t limit their speech or people who try to broadcast speech on those platforms.”


“Any bills that name a particular organization have a constitutional problem … not allowed to write a specific law against a person or a company. The First Amendment also requires the government to stay out of regulating speech or preventing speech,” Paul argued.