The Regulatory Dilemma of the U.S. Government: The Protecting Americans from Applications Controlled by Foreign Adversaries Act and the Limitations to Freedom of Speech

This article examines the legal issues surrounding First Amendment challenges in the Protecting Americans from Applications Controlled by Foreign Adversaries Act. After introducing the background of the bill and an overview of the First Amendment and freedom of speech in America, this article uses case law research methods to explore the unconstitutional determination of the bill and the balancing approach adopted by the court when national security and free speech rights conflict. Finally, this article reaches a conclusion that based on past cases, intermediate scrutiny can only be passed if the federal government can submit sufficient evidence to prove that national security risks actually exist, and demonstrate the bill does not excessively restrict freedom of speech beyond necessary. The United States protects the freedom of speech in the Constitution from arbitrary infringement through the checks and balances between the courts and the legislature, so different levels of scrutiny tests are set up. However, as long as the government can provide sufficient evidence to prove that there is a more compelling government interest, it can pierce the protection of the First Amendment.