Let’s retire the costume drama where any government action touching a tech platform automatically becomes Maoism with a congressional hearing. The key question is not whether TikTok hosts speech — obviously it does — but whether a foreign adversary can retain leverage over a platform so large that it functions like infrastructure for culture, news, commerce, and politics. We already accept that ownership matters in other strategic sectors. America does not shrug and say, “Well, a port is a place where people talk, so foreign control is basically free speech.” If a platform reaches 170 million Americans and its parent company operates under PRC laws that can compel cooperation in secret, this is not a garden-variety market issue. It is a sovereignty issue wearing ring-light makeup.
And the conservative demand for a perfect, universally applicable limiting principle is convenient in the way impossible standards usually are. The law already has one: concern tied to control by a foreign adversary, not mere foreignness, plus the scale and strategic significance of the platform. That is why this is not Canada’s knitting app or some French message board with three users and a goat. ByteDance isn’t just “overseas”; it is embedded in a state system that fuses commercial and national-security interests with all the subtlety of a brick through a windshield. Courts weighing the 2024 divest-or-ban law have treated that distinction as serious for a reason. This is not Congress banning bad opinions. It is Congress saying the owner of a major communications utility cannot be answerable to Beijing and also expect endless benefit of the doubt.
The underinclusiveness critique also sounds sharper than it is. Yes, influence happens everywhere. Congratulations, water is wet and online discourse is a biohazard. But the existence of many threats is not an argument for addressing none of them. We regulate the most acute vulnerabilities first all the time. If one platform combines massive U.S. penetration, opaque recommendation systems, and ownership exposure to an authoritarian rival, it is rational to treat that as a distinct problem while also pursuing broader reforms. In fact, the liberal position gets stronger, not weaker, when it says: do the divestment remedy, then pass national privacy legislation, algorithmic transparency rules, and stronger disclosure requirements for foreign influence. Multitasking is legal.
The real weakness in the conservative case is that it treats state power as the only power worth fearing, as though corporate architecture backed by a hostile government is just spicy entrepreneurship. Sorry, but democracies do not prove their love of liberty by sleepwalking into strategic dependence. If the choice is between establishing a narrowly cabined precedent now or waiting until a foreign-controlled algorithm becomes even more central to American political life, the prudent move is obvious. Freedom does not require being gullible. That’s not constitutional purity. That’s national-security performance art.
And now for Washington’s favorite magic trick: take a speech problem, call it an ownership problem, and hope nobody notices the rabbit is still the First Amendment. The liberal case keeps comparing TikTok to ports and pipelines because that metaphor is tidier than admitting what this actually is: a state-backed attempt to force the transfer or destruction of a media platform used by millions of Americans. Infrastructure analogies are doing a lot of cardio here. A port does not host political organizing, journalism, small businesses, comedy, activism, and every niche subculture known to man. TikTok does. When the government says that entire ecosystem must change hands or disappear, the speech burden is not some accidental side effect. It is the mechanism.
And no, “foreign adversary control” is not the clean limiting principle liberals pretend it is. It is a beautifully squishy phrase, the sort of phrase bureaucracies cuddle at night. Adversary according to whom, under what evidentiary standard, with what judicial review, and based on what threshold of influence? Today the target is ByteDance because anti-China consensus is one of the few bipartisan hobbies left in town. Tomorrow, in a hotter political climate, that same logic can be stretched toward any platform with foreign investment, offshore moderation, encryption that frustrates intelligence agencies, or content ecosystems the ruling class finds destabilizing. Once Congress learns it can dress platform suppression in national-security couture, do not expect it to rediscover modesty.
The liberal side is also quietly asking Americans to trust the same institutions that spent years lurching between “social media is destroying democracy” and “please watch my campaign ad before this guy’s conspiracy reel.” Forgive the skepticism. If the real lesson of the modern internet is that algorithmic influence is powerful, then the answer is neutral, general rules: privacy law, data minimization, transparency mandates, foreign-agent disclosures, export controls on sensitive data flows, and aggressive counterintelligence. You know, actual governance instead of a one-app exorcism. The 2024 law is politically satisfying because it is visible, dramatic, and lets elected officials look tough on China without doing the harder work of building a coherent digital rights framework. It is policy by cable-news chyron.
The strongest conservative point remains brutally simple: free societies should be very careful about letting the government decide which mass communication platforms may exist, even when the target is unsympathetic and the geopolitical fear is real. Especially then. America’s edge over authoritarian systems is supposed to be confidence in open institutions, not panic with a legal memo attached. If ByteDance broke laws, punish the lawbreaking. If foreign influence is the concern, expose and regulate influence broadly. But if your grand defense of liberty starts with the state threatening to erase a major forum unless it gets a politically approved owner, you have not defeated the control impulse. You have franchised it.