Tag: Supreme Court

Image: ChatGPT

TikTok, the wildly popular video-sharing platform with more than 150 million American users, is once again under threat of a nationwide ban unless former President Donald Trump—now in office again—extends the deadline requiring its Chinese parent company, ByteDance, to divest. While the national security rationale remains a central talking point, the deeper issue is being overlooked: the demographic most impacted by this ban—American youth under 18—has no political representation and no say in this decision. In a democratic society, such a disconnect between governance and those governed raises serious ethical and structural concerns.

The Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA), signed into law by President Biden in April 2024, mandates ByteDance to sell TikTok’s U.S. operations or face a ban by January 19, 2025. This law was upheld by the U.S. Supreme Court in TikTok v. Garland, reinforcing the government’s authority to act on national security grounds (Associated Press, 2025). But enforcement of the ban has been repeatedly delayed by President Trump through executive orders—ostensibly to allow for negotiations over a U.S. buyout of the platform (Allyn & Kim, 2025a).

What’s most troubling is how this entire debate—playing out in congressional hearings, courtrooms, and campaign rallies—has occurred without the inclusion or input of those most affected: young people. Teenagers make up a disproportionately large share of TikTok users, yet their opinions, interests, and creative spaces are being weighed and possibly erased by people they cannot elect, pressure, or even speak to.

Recent polling shows the sharp generational divide on this issue. According to Pew Research Center (McClain, 2023), only 18% of teens support a TikTok ban, in contrast with 38% of adults. Yet because minors cannot vote, run for office, or make financial contributions to campaigns, their overwhelming opposition to a ban goes unheard. The structure of the U.S. political system excludes them from direct participation, allowing their interests to be ignored in the name of protection.

This is not the first time youth culture has been targeted under the guise of national security or moral panic. In the 1950s, comic books were accused of corrupting children’s minds, leading to the creation of the Comics Code Authority, which gutted much of the medium’s artistic vitality (Reynolds, 1992). In the 1980s, Dungeons & Dragons was falsely linked to Satanism and suicide. Explicit music in the 1990s brought about parental advisory stickers and congressional hearings, though few long-term effects on youth behavior were ever substantiated. Time and again, American policy has leaned toward paternalistic control over genuine youth inclusion—and TikTok is only the latest chapter in this pattern.

Of course, concerns about data collection by a Chinese-owned company should not be dismissed. TikTok collects biometric identifiers, geolocation data, browsing history, and more. However, as Fung (2023) of CNN reports, there is no public evidence that this data has been shared with the Chinese government. Many social media platforms based in the U.S. collect similar or even more invasive information. If the core issue is data privacy, then comprehensive tech regulation—not selective banning—would be the more consistent and democratic solution.

Other democratic nations have pursued more measured responses. European governments have banned TikTok from official devices and demanded stricter privacy guarantees—but they have not banned it entirely from public use (Allyn, 2025). These more proportionate policies allow youth culture to continue while addressing national concerns with oversight and regulation. The U.S., on the other hand, is preparing to take the most drastic possible action: a nationwide removal of an app integral to teenage expression, identity, and even income.

TikTok is not just a platform for memes and dances. It is a digital public square for many young people. It’s where they express creativity, share political ideas, discover new music, form friendships, and build audiences. For some, it is a crucial income source through brand deals and affiliate links. Shuttering TikTok removes not just an app but an ecosystem of youth culture—without even giving that generation a seat at the table.

There are alternatives to an outright ban. The RESTRICT Act gives the Commerce Department the ability to monitor and restrict apps controlled by foreign adversaries, without defaulting to prohibition. Proposals such as requiring data localization, implementing third-party audits, or placing restrictions only on government devices would achieve better balance between security and liberty. More radically, policymakers could establish formal youth advisory boards to provide input on cultural and digital policy.

In a democratic society, representation is fundamental. And yet, American teens remain politically invisible. Their cultural spaces are scrutinized, regulated, or shut down by adults who claim to act in their best interest—but without ever asking what those interests actually are. To ban TikTok without youth input is to legislate without listening. It is a contradiction of democratic ideals.

The debate over TikTok is not simply about data or geopolitics—it is about who gets to be heard. Until young people are seen as full participants in the democratic process, decisions like these will continue to reflect not just national interests, but generational neglect. We must do better. Not only because TikTok matters—but because youth voices matter.

References

Allyn, B. (2025, April 4). Trump issues another TikTok ban extension. NPR. https://www.npr.org/2025/04/04/nx-s1-5347418/trump-tiktok-second-ban-delay

Allyn, B., & Kim, J. (2025a, January 18). Trump says he’ll likely give TikTok a 90-day extension. NPR. https://www.npr.org/2025/01/18/nx-s1-5266883/trump-tiktok-delay-ban

Allyn, B., & Kim, J. (2025b, January 19). TikTok is back online in the U.S., following Trump’s promise to pause the ban. NPR. https://www.npr.org/2025/01/19/nx-s1-5267568/tiktok-back-online

Associated Press. (2025, January 17). Supreme Court seems likely to uphold a federal law that could force TikTok to shut down on Jan. 19. AP News. https://apnews.com/article/tiktok-supreme-court-national-security

Fung, B. (2023, March 21). Lawmakers say TikTok is a national security threat, but evidence remains unclear. CNN. https://www.cnn.com/2023/03/21/tech/tiktok-security/index.html

McClain, C. (2023, December 11). A declining share of adults, and few teens, support a U.S. TikTok ban. Pew Research Center. https://www.pewresearch.org/short-reads/2023/12/11/a-declining-share-of-adults-and-few-teens-support-a-us-tiktok-ban/

Reynolds, R. (1992). Superheroes: A modern mythology. University Press of Mississippi.

Trump’s Rejection of Judicial Authority

By Katherine Walter

On April 17, 2025

In Donald Trump

GREENBELT, MARYLAND – APRIL 15: Protesters show support for Jennifer Vasquez Sura, the wife of Kilmar Abrego Garcia, who was mistakenly deported to El Salvador, outside Federal Court on April 15, 2025 in Greenbelt, Maryland. The Trump administration admits Abrego Garcia was deported accidentally but has not yet acted on a judge’s order to facilitate his return to the U.S. (Photo by Tasos Katopodis/Getty Images)

The ongoing refusal of the Trump administration to comply with a United States Supreme Court order to assist in the return of Kilmar Armando Abrego Garcia marks a chilling affront to the American legal system and the principle of judicial supremacy. Garcia, a lawful permanent resident of the United States and father of a disabled child, was wrongly deported to El Salvador on March 15, 2025, in direct violation of an existing court order. The administration later acknowledged that his removal was an “administrative error”—yet, despite this admission, it has failed to take any substantial action to correct it (Kirchgaessner, 2025). This failure is not simply a bureaucratic misstep. It represents a dangerous consolidation of executive power at the expense of the judiciary and the rule of law.

Upon his arrival in El Salvador, Garcia was detained in the Centro de Confinamiento del Terrorismo (CECOT), a mega-prison that has gained international notoriety for its brutal conditions and widespread human rights violations (D’Onfro, 2025). His detention there was not based on any criminal wrongdoing, but rather on the Salvadoran government’s agreement to hold him after his improper deportation from the United States. Legal advocates, human rights observers, and lawmakers have described his treatment as an egregious miscarriage of justice, compounded by the U.S. government’s refusal to seek his repatriation.

On April 4, 2025, U.S. District Judge Paula Xinis issued a ruling ordering the federal government to “facilitate” Garcia’s return. This was not merely a suggestion—it was a binding judicial order grounded in well-established principles of due process and the right to legal redress (Van Hollen, 2025). The Fourth Circuit Court of Appeals upheld the ruling, affirming that Garcia’s deportation was unconstitutional and that the executive branch was obligated to act. When the matter reached the U.S. Supreme Court, the justices unanimously upheld the lower courts’ findings. Though the Court did not mandate Garcia’s immediate return—citing the limitations of compelling action from a foreign sovereign—it left no ambiguity regarding the federal government’s duty to actively work toward his release (Reeves, 2025).

The Trump administration’s response to this unanimous rebuke by the judiciary has been marked not by compliance but by continued defiance. President Trump has claimed that the administration lacks the authority to retrieve Garcia from El Salvador, despite the fact that it was the United States that deported him in the first place. In a joint statement with Salvadoran President Nayib Bukele, Trump asserted that the situation is now out of his hands, a position contradicted by constitutional scholars and the federal courts alike (D’Onfro, 2025; Kirchgaessner, 2025). This abdication of responsibility undermines the judiciary’s role as a co-equal branch of government and sets a precedent in which executive officials may disregard lawful court orders without consequence.

The implications of this case extend far beyond the personal suffering of Kilmar Abrego Garcia and his family. They cut to the heart of American constitutional democracy. When a president refuses to obey a lawful order from the Supreme Court, he does not merely flout protocol—he challenges the very structure of governance. The U.S. legal system depends on the principle that no individual, including the president, is above the law. By ignoring the Court’s decision, the Trump administration has placed itself outside this principle, signaling that judicial mandates are subject to executive convenience rather than constitutional obligation.

Senator Chris Van Hollen, who has taken the unusual step of traveling to El Salvador to personally advocate for Garcia’s release, has characterized the administration’s inaction as a “constitutional crisis” (Van Hollen, 2025). Legal experts and political observers have warned that this incident could erode public confidence in the judiciary and embolden future administrations to disregard unfavorable rulings. Edward Luce (2025), writing for Reuters, noted that “defying the Supreme Court is not just a political gambit—it is a direct assault on the legitimacy of the courts themselves.” If this approach is allowed to stand unchallenged, it risks normalizing a pattern of executive overreach that may be far more damaging to American democracy than any single deportation.

This episode also raises serious questions about the role of international diplomacy in protecting human rights. By deporting a lawful resident into the custody of a foreign prison system with a documented history of abuse, and then refusing to advocate for his return, the U.S. government has abandoned not only Garcia but also its commitment to due process and basic human dignity. The fact that the Supreme Court’s unanimous decision has been effectively ignored should alarm anyone who values the rule of law.

The crisis surrounding Kilmar Abrego Garcia’s wrongful deportation is more than a legal dispute; it is a moral reckoning. It confronts Americans with the question of whether the constitutional checks and balances that have long defined our system of government still hold in practice. The judiciary must not be reduced to a symbolic institution whose rulings can be disregarded at will by the executive branch. Upholding the Court’s authority is not optional—it is essential to preserving the democratic fabric of the nation. If the president is permitted to ignore the courts with impunity, the consequences will reverberate through every aspect of American governance, weakening the very foundations of justice and accountability.

References

D’Onfro, J. (2025, April 10). Trump escalates fight over deportees in El Salvador, weighs sending Americans there next. TIME. https://time.com/7277797/trump-escalates-fight-over-deportees-in-el-salvador-weighs-sending-americans-there-next/

Kirchgaessner, S. (2025, April 8). Judges threaten to prosecute Trump officials over deportation of migrants. The Guardian. https://www.theguardian.com/us-news/2025/apr/08/kilmar-abrego-garcia-deportation-trump-court

Luce, E. (2025, April 17). Defiance of U.S. Supreme Court poses tricky price. Reuters. https://www.reuters.com/breakingviews/defiance-us-supreme-court-is-tricky-price-2025-04-17/

Reeves, R. (2025, April 12). Supreme Court rebukes Trump over deportation case, calls for Garcia’s return. The New York Times. https://www.nytimes.com/2025/04/12/us/politics/supreme-court-garcia-deportation.html

Van Hollen, C. (2025, April 14). Statement on efforts to return Kilmar Abrego Garcia. U.S. Senate Press Release. https://www.vanhollen.senate.gov/news/press-releases/statement-on-efforts-to-return-kilmar-abrego-garcia

The Federalist Society: Expanding Influence Beyond the Courts

By Katherine Walter

On November 28, 2024

In Federalist Society

The Federalist Society has long been a powerful player in shaping the U.S. judiciary, particularly with its substantial impact on the Supreme Court. With six of the nine justices currently linked to the Society, its influence is undeniable. However, its ambitions reach far beyond the courts. The group is now actively working to extend its conservative vision into other influential sectors, including business, media, and technology. This broadening of influence is part of a larger conservative agenda to reshape American society through a multi-pronged strategy.

The Federalist Society’s Influence in Business and Wall Street

The Federalist Society’s efforts to influence corporate America are significant. The organization has built ties with major businesses and financial sectors, advocating for a deregulatory approach that benefits corporate interests. This alignment with Wall Street promotes a conservative free-market ideology that favors limited government intervention in business practices, environmental regulations, and corporate governance. From a liberal standpoint, this is troubling because it threatens to undermine progressive policies focused on regulating industries, addressing climate change, and protecting consumers. As the influence of the Federalist Society grows, it becomes clear that conservative ideals about capitalism are increasingly dictating the direction of American business practices (Feldman, 2024; Hawley, 2024).

In Silicon Valley, the Federalist Society’s concerns about tech regulation, including issues like censorship, privacy, and antitrust laws, highlight its opposition to progressive regulatory frameworks. As technology companies continue to face scrutiny over their role in political discourse, the Federalist Society’s push for a lighter touch from regulators clashes with calls for stricter oversight. This divide is emblematic of the ongoing debate over the role of government in regulating powerful tech firms, with the Society advocating for fewer restrictions that align with its conservative values (Feldman, 2024).

Hollywood and the Cultural Battle

The Federalist Society’s influence extends into the cultural realm as well, particularly in Hollywood. Conservative leaders within the Society are pushing to counter what they see as a liberal bias in the entertainment industry. They aim to ensure that films, TV shows, and other media reflect conservative values, contributing to the ongoing cultural battle over issues such as gender, race, and the role of government. This effort is part of a broader movement to reshape public discourse and challenge what conservatives perceive as an ideological monopoly in cultural production (Feldman, 2024).

Leonard Leo: The Architect Behind the Movement

At the heart of the Federalist Society’s judicial and cultural influence is Leonard Leo. As one of the Society’s leading figures, Leo has been instrumental in shaping the judicial appointments that have cemented the conservative majority on the Supreme Court. Beyond the courts, Leo has deep ties to conservative donors and business figures, including the Koch brothers, further amplifying his influence across various sectors. His connections to corporate and political elites highlight the interconnectedness of the Federalist Society’s ambitions in reshaping not just the judiciary, but also business, media, and policy at large (Hawley, 2024; NPR, 2024).

Leo’s efforts to reshape American society go beyond simply nominating judges; they reflect a broader strategy to create a network of like-minded individuals and organizations that can influence policy in ways that favor conservative economic and social values. His role in promoting these connections underscores the Federalist Society’s growing power and its ambition to reshape all aspects of American governance and culture (Hawley, 2024).

A Liberal Critique: Undermining Democracy and Progress

From a liberal perspective, the Federalist Society’s expansion into business, media, and other influential sectors is deeply concerning. The group’s push for deregulation and limited government intervention in both the economy and tech industry poses a direct challenge to progressive efforts to protect workers, consumers, and the environment. By aligning itself with powerful corporate interests, the Federalist Society is seen as prioritizing elite, conservative agendas over the needs of the broader public.

The organization’s focus on judicial activism is also problematic. While the Federalist Society claims to be promoting neutral legal philosophy, its alignment with conservative political movements and business elites reveals its true goal: to advance a right-wing agenda that undermines democratic processes and curtails civil rights. The increasing power of the Supreme Court, as shaped by the Federalist Society, raises alarms about the erosion of democracy and the rule of law in favor of a conservative agenda that ignores the will of the people (NPR, 2024; Hawley, 2024).

Conclusion

The Federalist Society’s growing influence beyond the judiciary is a significant shift in the conservative movement’s strategy to reshape American society. Through its efforts to infiltrate business, media, and tech industries, the Society is pushing a right-wing agenda that threatens to undermine progressive policies and democratic values. With figures like Leonard Leo at the helm, the Federalist Society is well-positioned to continue its efforts to shape not only the law but also the cultural and economic fabric of the nation. For liberals, this marks a troubling expansion of conservative power that requires a strong, coordinated response to ensure that democratic values and public welfare are not sidelined in favor of corporate and ideological interests.