TikTok, Tech and the First Amendment: Balancing Freedom of Speech and National Security
Ask your students: Do you think concerns about national security should outweigh freedom of speech in the United States, or can a balance be struck?
Note: The content of this edition of Today's News, Tomorrow's Lesson will be updated as more details about the ban come out.
In the U.S., TikTok has faced significant scrutiny due to fears that its parent company, ByteDance, could share user data with the Chinese government, raising national security concerns. The situation escalated as more than half of U.S. states banned TikTok on government devices. Now, the Supreme Court has upheld a nationwide ban on TikTok, solidifying the app’s removal from the U.S. market. This historic decision has intensified debates about technology, privacy, and politics.
Other countries, like India and Canada, have also cracked down on TikTok, with bans and restrictions, making this a global conversation.
Get started with the quick warm-up questions below about the TikTok ban, then dive into the video and activities. If time is a concern, consider focusing on one or two exercises to spark discussion.
Spark the Debate
- Ask students if they use TikTok or another similar app.
- Have them discuss in small groups what TikTok means to them (e.g., a platform for entertainment, creativity or connection).
Discussion Questions
- What is TikTok, and why do you think it has become so popular?
- Why do some people believe TikTok is a national security risk?
- How do you use social media daily, and how would you feel if an app you liked was banned?
- Why do you think the Supreme Court allowed the TikTok ban to move forward? Do you agree with their decision?
- Should companies connected to foreign governments face stricter rules in the U.S.? Why or why not?
- Could Trump's refusal to enforce the TikTok ban lead to a constitutional crisis?
Activity: Freedom of Speech vs. National Security
Students will compare the TikTok ban to historical cases where national security concerns conflicted with constitutional freedoms.
- What you’ll need: Brief summaries of relevant cases (e.g., Schenck v. United States (1919), Korematsu v. United States (1944), New York Times Co. v. United States (1971).
- Getting started:
- Assign students to small groups and provide each group with a summary of a historical court case.
- Each case deals with a time when the government had to balance national security with individual freedoms, like free speech.
- Read the case summary carefully with your group:
- Have students answer the following questions together:
- What is the main issue in this case?
- What decision did the court make, and why?
- How did the court balance national security with constitutional freedom?
- One person from each group will briefly explain their case to the class. The student should be ready to tell the class what happened, what the court decided, and whether they agree with the decision.
- Have students answer the following questions together:
- Class discussion: What patterns are apparent in how these cases were handled? Should national security come before freedoms like free speech? Why or why not?
Media Literacy: Technology and Ethics
Explore these media literacy questions with the class or individually.
- TikTok and Social Media:
- How do apps like TikTok collect and use user data, and what are the potential risks associated with these practices?
- Why might governments or corporations be interested in accessing this data, and how can it influence society?
- Consider this: Should users have more control over how their data is collected and used? Why or why not?
- Invite students to brainstorm ways social media users can protect their privacy:
- Brainstorm specific strategies social media users can implement to protect their privacy.
- Evaluate the effectiveness of these strategies—do they genuinely reduce the risks of data misuse, or are they only partially effective?
- Reflect: How much responsibility does the individual, versus the app developers and policymakers, have to ensure privacy and data security?
Global Perspectives
- Look at other countries' approaches to TikTok and technology regulation.
- Compare and discuss in groups the U.S. stance on similar issues globally, such as how the European Union handles data privacy with the General Data Protection Regulation.
Think Like a Supreme Court Justice
Step into the role of a Supreme Court Justice and analyze complex questions about algorithms, free speech, and national security. Weigh the legal and ethical implications of who controls algorithmic speech, the rights of influencers, and the government’s role in regulating foreign technology.
- Should we think of algorithms as a form of speech? Why or why not?
- If an algorithm is speech, who owns that speech: the company that created it or the one that uses it?
- Do you think American influencers have the right to use algorithms designed to amplify their voices? Why or why not?
- Is limiting access to algorithms from foreign companies a smart way to protect national security, or does it unfairly block certain perspectives?
- How should the government balance free speech and national security when it comes to controlling algorithms?
Andy Kratochvil is a proud member of the AFT Share My Lesson team, where he’s passionate about discovering and sharing top-tier content with educators across the country. He earned his bachelor’s degree in political science and French from California State University, Fullerton, and later completed... See More
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