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Reason
Reason
Politics
Josh Blackman

FOUND: All the things tiktok v garland did not decide - What They Never Told You

Today, the Court affirmed the D.C. Circuit in TikTok v. Garland. In a fairly short period, the Justices mustered a twenty page per curiam decision. Justice Sotomayor wrote a brief concurrence, in which she disagreed with the Court on burdened protected speech. Justice Gorsuch concurred in judgment, disagreeing with the Court on whether the law was content neutral. My prediction of the "administrative injunction" did not come to pass. The opinion is fairly tight. It reads like Roberts and/or Kagan wrote it. I suspect they started on this before briefing concluded.

What struck me about the decision was how much the Court did not decide. One trick is to search the case for hedge words like "need not" and "assume."

Here are a few highlights.

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