Erwin Chemerinsky, Paul Clement, Elizabeth C. Wiggins
February 12, 2026
First Amendment. Speech. Experts discuss the Supreme Court decisions applying intermediate scrutiny to speech restrictions encompassing both protected and unprotected speech in Free Speech Coalition v. Paxton, and to restrictions on foreign ownership of a social media platform in TikTok v. Garland.
Opinion, United States v. Al-Timimi, No. 14-4451 (4th Cir. Jan. 9, 2026), ___ F.4th ___, 2026 WL 71062 (“The First Amendment does not permit the Government to imprison a person for speech unless that speech falls within a narrow and well-defined category of unprotected expressions . . . .”).