you're right, my statement is an extreme oversimplification and there are situations where the constitution does apply to noncitizens (like due process during deportation) or places where things are unclear (if speech of foreign nationals were being regulated). But this case where we are talking about a foreign media platform's right to operate in the US without any reference to the content they are broadcasting... this seems to be one of those rare clear cut cases. I mean no one saw any issue with America effectively banning RT.
There were some people on here saying that national security is just a pretense and the government is actually doing this because they dislike some of the content being posted on TikTok. I don't know if that's the case but if it were then I would concede there is a first amendment issue. But absent that I think it's safe to say that this case doesn't raise the first amendment.
> But absent that I think it's safe to say that this case doesn't raise the first amendment.
I still think it does, but it's Apple and Google's right to propagate the app, not TikTok's right to be on the app store. And since neither Apple nor Google are party to the lawsuit, nobody really has standing to take that particular line of argument.
There were some people on here saying that national security is just a pretense and the government is actually doing this because they dislike some of the content being posted on TikTok. I don't know if that's the case but if it were then I would concede there is a first amendment issue. But absent that I think it's safe to say that this case doesn't raise the first amendment.