Plain-English summary
Court affirms law limiting apps controlled by foreign adversaries, rejecting petitioners' First Amendment challenge
In Firebaugh v. Garland (No. 24-657), the Supreme Court affirmed the lower court’s decision upholding the Protecting Americans From Foreign Adversary Controlled Applications Act against a First Amendment challenge. The Court ruled to affirm; Justices Sotomayor and Gorsuch wrote separate opinions concurring in the judgment.
Why this matters
The decision clarifies that Congress’s law targeting apps controlled by foreign adversaries can be applied without violating the First Amendment in the circumstances presented. That affects government authority to limit or regulate certain foreign-linked apps on national security grounds and shapes how speech and platform-access claims tied to those apps are reviewed by courts.
Who may feel it
- Users of apps tied to or controlled by nations the government designates as foreign adversaries
- App platforms and companies with foreign ownership or control
- Technology and social media companies operating in the U.S.
- Government agencies enforcing national security measures on software and communications
Key questions
- Does applying the Protecting Americans From Foreign Adversary Controlled Applications Act to the petitioners violate the First Amendment?