When the Supreme Court upheld a law that banned TikTok from the US, it seemed well aware that its ruling could resonate far beyond one app. The justices delivered an unsigned opinion with a quote from Justice Felix Frankfurter from 1944: “in considering the application of established legal rules to the ‘totally new problems’ raised by the airplane and radio, we should take care not to ‘embarrass the future.’”
Technology
The Supreme Court’s TikTok ruling is an ominous turn for online speech
/cdn.vox-cdn.com/uploads/chorus_asset/file/25826019/STK051_TIKTOKBAN_STK463_SCOTUS__CVirginia_C.jpg?ssl=1 "The Supreme Court’s TikTok ruling is an ominous turn for online speech")
Last Friday, the court tried to accomplish this with a narrow ruling: a decision that upheld the government’s ability to ban one service on a tight timeline, while stressing a limited scope concerning “new technologies with transformative capabilities.” Yet, amid a confounding political circus over TikTok, some legal experts believe the Supreme Court’s ruling could have a broad ripple effect on speech and tech law — they’re just not agreed on what it would be.
“Even though it’s narrowly written, it also seems clear that they want to make a mark on these kinds of questions,” says Sarah Kreps, director of the Tech Policy Institute at Cornell University’s public policy school. University of Chicago law professor Genevieve Lakier put it more bluntly on Bluesky: “The Court tried but failed to make no new law here.”
Lakier’s main concern, echoed by several amicus briefs in the case, is that the Supreme Court is enabling a form of backdoor speech regulation. In oral arguments, the US government insisted that the ban wasn’t a First Amendment issue because it only targeted corporate structure — in this case, TikTok’s foreign ownership. But TikTok argued that lawmakers disliked TikTok and its users’ speech and merely found a pretext for punishing it. At the very least, Lakier and others worry the Supreme Court ruling could let something like that happen to other communications platforms.
“The Court tried but failed to make no new law here.”
“The very worst part of the opinion (I think right now) is that it gives [governments] space to whitewash bad content-based motivations by tacking on plausible-sounding content-neutral ones,” Lakier wrote. The court determined that selling a business isn’t an expressive act, but she argues this conflicts with one of its most widely known rulings: Citizens United v. Federal Election Commission, which found that an act that doesn’t explicitly involve speech (donating to political campaigns) could still count as a form of speech.
Then there’s the ruling’s decision that national security could justify potential speech suppression. The court “has weakened the First Amendment and markedly expanded the government’s power to restrict speech in the name of national security,” said Jameel Jaffer, Knight First Amendment Institute executive director. American Civil Liberties Union (ACLU) National Security Project deputy director Patrick Toomey echoed these concerns: “the Supreme Court is giving the executive branch unprecedented power to silence speech it doesn’t like, increasing the danger that sweeping invocations of ‘national security’ will trump our constitutional rights.”
“American-owned platforms are still covered pretty aggressively under Section 230.”
Kreps thinks the ruling is unlikely to bring a wave of censorship for US-based companies, though. “I think that part of the opinion was indeed narrow, and was very careful that this foreign ownership puts it into a very different category,” she says. “American-owned platforms are still covered pretty aggressively under Section 230.”
But if nothing else, the decision will “make it more difficult for the United States to challenge the increasing number of censorial speech regulations targeting U.S.-based platforms in other countries,” writes Jacob Mchangama, executive director of The Future of Free Speech, a nonpartisan think tank at Vanderbilt University.
While some fear a future of speech regulations wrapped in national security rhetoric, others make the opposite argument: that it will stop businesses from dodging regulation by hiding behind the First Amendment.
“Corporations may not hide behind flimsy First Amendment arguments in order to avoid regulation carte blanche”
The Open Markets Institute, which advocates for stronger antitrust enforcement, took a positive view of the ruling — despite being unconvinced of the law’s merits. “The Supreme Court reaffirms an important precedent that Congress maintains fundamental legislative authority to regulate corporations,” senior legal analyst Daniel Hanley says in a statement. “In other words, corporations may not hide behind flimsy First Amendment arguments in order to avoid regulation carte blanche.”
University of Colorado Law School professor Blake Reid says the ruling is unlikely to affect some baseline legal questions, like how the court decides whether future tech laws raise First Amendment concerns. He believes TikTok made a weak argument for its own speech interests, particularly because the law’s penalties apply to app stores and hosting services, not TikTok itself. “TikTok had a harder job than it seemed to think it did in establishing how its speech was getting implicated,” says Reid. “When your speech is contingent on the speech of platforms who are not going to show up and fight the government on your behalf, that’s a tough place to be in.”
Other platforms have made similar arguments convincingly, though — Reid pointed, for instance, to the 2024 NetChoice rulings that recognized content moderation as expressive speech.
The TikTok ruling could change how courts across the country address one crucial issue: the level of scrutiny applied to lawsuits that allege First Amendment violations, a decision that dramatically impacts their likelihood of success. The government put forward two separate rationales for its ban: concerns that China was collecting US data and that it could manipulate TikTok’s algorithm for propaganda purposes. The court seemed skeptical of the latter argument, and it decided data collection alone justified upholding the law. “The court was pretty open here to saying, we’re going to look past the justification we might have some more concerns about and look for the one that seems legitimate,” Reid says. Lower courts, he predicts, could decide “maybe we can be a little bit more solicitous” of the claims legislators make about why they’re passing internet regulation.
It’s a balancing act the Supreme Court will have to make again later this year. Last week, the court held arguments in Free Speech Coalition, Inc. v. Paxton, which pits First Amendment rights against state legislatures’ concerns about children’s access to pornography. That decision will hinge on what level of scrutiny the court applies — and its ruling could overturn a two-decade-old precedent and age-gate parts of the internet.
Even so, Reid sees the TikTok ruling’s role as “a pretty small change on the margins” in the grand scheme of things. In the end, Reid says, “the biggest thing about this case is just the impact on TikTok itself.”
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We’re aware of at least two forged letters circulating on the internet, including this one, that purport to be cease-and-desist letters from our legal department. To be clear: these letters did not come from me or from anyone at Flock.
Flock welcomes and encourages public debate about our technology. We have not and would not seek to discourage, prevent, or prohibit such discussion and debate. In fact, we would be happy to participate in any such discussions the group in question might host in the future.
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A flyer offering “free athletic shoes from VA” may look official at first glance. It uses VA-style branding, talks about health and wellness and even lists the MyVA phone number. That is what makes it so dangerous.
VA says the message falsely claims Veterans can receive free athletic shoes from VA. The agency says the promotion did not come from VA and has no connection to any official VA program.
The scam appears to be spreading through a flyer and online posts. It tells Veterans they may be eligible for free athletic shoes “at no cost to you.” It also shows popular shoe brands, steps to “redeem” shoes and a process that appears to involve a VA provider.
That may be enough to get someone to click, call, share or forward before they stop to think.
MEDICAL IDENTITY THEFT FOLLOWS YOU INTO THE DOCTOR’S OFFICE
Veterans are being warned not to click links, scan QR codes or share personal information tied to a fake VA shoe offer. (Kira Hofmann/picture alliance via Getty Images)
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Fake VA shoe offer: what VA says
VA says the free athletic shoe promotion is fake. It did not come from an official VA program, including VPRs, Central Office or Whole Health.
That is important because the flyer borrows the look and feel of a trusted government agency. It also uses health language to make the offer sound like a wellness benefit.
But let’s be real here. A free pair of shoes can sound harmless until the next step asks for your personal details.
Why the fake VA shoe flyer looks so believable
This scam works because it mixes familiar names with an official-looking design. The flyer uses VA branding, a health-focused message and well-known athletic shoe brands.
It also presents the offer as a benefit. That can make people feel like they may miss out if they do not act.
Scammers know that veterans and families often deal with a lot of paperwork, benefit updates and health care messages. A fake flyer can slide into that confusion and feel more believable than it should.
How scammers use real VA details to build trust
One sneaky detail stands out. The flyer lists the MyVA number, but that alone does not make the flyer real.
Scammers often mix real information with fake offers. A real phone number, real logo or familiar agency name can make people lower their guard.
That is why you should verify the offer through VA.gov, your official VA account or your local VA facility before responding.
What the fake VA shoe offer could steal
The flyer may look like it is only about shoes. The bigger risk comes next.
A fake offer like this could lead to a phishing page, a bogus form, a QR code trap or someone asking for sensitive details. That could include your Social Security number, VA login information, health information, address, bank details or credit card number.
Scammers may also use the information to target you again. Once they know you responded to a fake VA offer, they may try a follow-up call, text or email.
DR OZ WARNS MEDICARE SCAMMERS ARE STEALING BILLIONS — AND YOUR PERSONAL INFORMATION COULD BE NEXT
A fake flyer claiming Veterans can get free athletic shoes from VA is spreading online, but the agency says it is not tied to any official program. (U.S. Department of Veterans Affairs)
What to do if you see the fake VA shoe offer
Do not share it. Do not forward it. Do not fill out a form. Do not scan any code connected to it.
Also, do not provide personal, financial or health information because of this flyer.
Instead, warn veterans, family members and colleagues without spreading the image. A quick heads-up can help someone avoid a costly mistake.
Ways to stay safe from VA scams
A few smart habits can help you spot fake VA messages before they turn into a bigger problem.
1) Verify the offer through VA.gov
Go directly to VA.gov or use your official VA account. Do not rely on a flyer, social media post, text message or forwarded image.
2) Do not scan QR codes or click links
A scam flyer may send you to a fake website that looks official. Type the web address yourself or search for the VA page directly.
3) Never share VA login details
Do not give anyone your VA.gov username, password or sign-in code. VA says it will not ask you to share login credentials in an email.
4) Protect personal and health information
Treat your Social Security number, address, date of birth, medical information and benefits details as sensitive. A free offer should never require that kind of information from a random form.
QR CODE EMAIL SCAM TARGETS EMPLOYEE REVIEWS
VA says veterans should verify suspicious benefit offers through VA.gov, an official VA account or a local VA facility. (Antonio Diaz / Getty Images)
5) Call VA using a trusted number
If you have questions, contact VA through an official phone number, the VA website or your local VA facility. Do not trust contact details from a suspicious flyer alone.
6) Report the fake VA shoe offer
Veterans who suspect fraud can report it through VSAFE.gov or call 1-833-38V-SAFE. Reports help VA and other agencies track scams that target veterans.
7) Use strong antivirus protection
Strong antivirus software can help protect you if you click a bad link, scan a risky QR code or land on a fake website tied to a scam. Good protection can block malicious pages, warn you about suspicious downloads and help stop malware before it does damage. Get my picks for the best 2026 antivirus protection winners for your Windows, Mac, Android and iOS devices at Cyberguy.com.
8) Consider a data removal service
Scammers often use personal details found online to make fake offers feel more believable. A data removal service can help reduce how much of your information is sitting on people-search sites, including your address, phone number and other details that can be used to target you. Check out my top picks for data removal services and get a free scan to find out if your personal information is already out on the web by visiting CyberGuy.com.
9) Take action fast if you responded
If you already clicked, scanned, called or shared information, change your VA.gov password right away. Use a trusted password manager to create and store a strong, unique password you do not use anywhere else. Turn on multifactor authentication if you have not already done that. Then watch your accounts for suspicious activity.
10) Warn others without forwarding the flyer
Tell family members, friends and veteran groups that the offer is fake, but do not send the flyer along with your warning. Even if your goal is to help, someone else may miss your warning, save the image or share it again. Instead, send a short message that says the free VA shoe offer is a scam and tell them to verify any VA benefit through VA.gov or their local VA facility.
Kurt’s key takeaways
A free pair of shoes can make you drop your guard, especially when the flyer uses VA branding and familiar shoe names. That is the whole trick. Scammers are using trust to push veterans and families toward a bad link, a fake form or a request for personal info. Slow down and verify it through VA.gov or your local VA facility. And if you want to warn someone, send them a message saying the offer is fake instead of forwarding the flyer itself. That keeps the scam from spreading.
Would this fake VA shoe offer have made you pause, or would the official-looking design have fooled you? Let us know by writing to us at CyberGuy.com.
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The Trump phone was never a serious phone. Not when it was announced last June, in dodgy renders and with an incoherent spec sheet. Nor when Trump Mobile admitted — just two weeks later — that it wouldn’t be made in the US. Not even when the company revealed the final phone, first to me over a video call in February and then to the world in April through a short commercial with the slick sheen of AI.
It’s now on sale for $499, past the days of its tenuous, ever-shifting release dates. A few buyers even have the phone, The Verge among them, though more still seem not to.
It’s clear now that the T1 is a real phone, but that doesn’t mean it’s a serious one. Still, for the next thousand words or so, I will try to take it seriously.
$499
The Good
- It actually exists
- 3.5mm headphone jack
- MicroSD card slot
- It basically runs stock Android
A serious phone wouldn’t look like this
The T1 Phone is a curved slab of cheap gold plastic, the smartphone equivalent of a pair of knockoff wraparound Oakleys. The gold finish — more yellow in certain light, though it certainly does shine and shimmer — is tacky in every sense, with a sticky friction that makes it feel distinctly unpleasant to the touch. My phone arrived with a tiny scratch in the top-right corner.
The phone is fairly thin, and light, but its excessively curved waterfall display feels immediately dated. It also loses one of the chief advantages of that design — better in-hand feel — thanks to the oddly angular frame, which juts into my palm as I hold it.
Almost every detail speaks to bad design. There’s the American flag logo, missing a stripe. The fact that “Trump Mobile” appears on the back twice, in two different orientations and two different fonts. Or the camera module, where the three lenses are spaced at irregular intervals.
There are things to like. The 3.5mm headphone jack will have its fans, as will the microSD card slot inside the phone, or the fact that the phone ships with a case, charger, and braided USB cable. These are things that a certain type of Android fan has lamented the absence of for years.
I, for one, am more excited to be reviewing a phone with a notification light again, a true treat that I thought we’d lost forever. It’s a glimpse of a better world, one I didn’t expect from Trump Mobile of all companies. But like the curved screen, even these welcome touches betray that this is a dated, old-fashioned phone, one based on an old HTC design that already felt like a throwback two years ago.
A serious phone would work outside the US
I live in the UK, meaning I may well have the only Trump phone outside of North America. It cannot maintain any signal stronger than 2G, meaning I can use it for texts and calls but not for data. As best as I can tell from digging through the T1’s FCC certification documents, the phone simply doesn’t support the network bands commonly used in Europe.
The T1 Phone isn’t sold in Europe, and that misshapen flag makes its target market clear. But even Americans get to go on vacation every once in a while. From my experience, it seems unlikely that the T1 would work anywhere in Europe and perhaps not anywhere in the world outside North America.
A serious phone would use more than the minimum hardware
At first glance, the T1’s spec sheet might seem impressive enough: a 120Hz OLED screen, a 5,000mAh battery, a triple rear camera with 50-megapixel sensors.
But the truth is you could find similar specs on almost any $200 Android phone and superior ones on phones sold at this price. Hardware like this is cheap and commodified, something that’s only beginning to change thanks to the ongoing memory crisis. Here, amusingly, the T1 is generously specced: 512GB of storage and 12GB of RAM come as standard. Those, along with the inclusion of wireless charging, are the only things that really stand out on this spec sheet.
Despite all that RAM, and Qualcomm’s modestly capable Snapdragon 7 Gen 3 chipset, the T1 is often sluggish. It sometimes stutters when switching apps or triggering animations, making even basic apps like Duolingo frustrating to use. This hardware isn’t flagship, but it should certainly be more capable than this. I can only assume Trump Mobile didn’t develop the sort of software and firmware performance optimizations that other manufacturers do, handicapping the phone from the start.
1/16
I suspect the camera’s limitations are for similar reasons. The three rear lenses and single selfie camera take basic, functional photos, at least in good light — with the exception of the 8-megapixel ultrawide, which is uniformly poor.
Other phone manufacturers spend millions optimizing their image pipelines, and none of that work is evident here. Daylight photos are vivid and oversaturated, nighttime shots are noisy, and the telephoto shows no signs of electronic stabilization at all, making it feel shaky and unstable. Incredibly, by default every shot is overlaid with a strangely small T1 watermark — as if anyone should want to take credit for these photos.
1/12
A serious phone would have made more effort in its software
As the Trump phone lurched haltingly toward its launch, the going assumption from many was that it would be a bloated mess, loaded with spyware, crypto apps, and MAGA-themed experiences, putting the president’s leering face front and center.
The truth is rather more mundane. It runs Android — the nearly two-year-old Android 15, to be precise — with almost no modifications at all. This is, in fact, about as close to what the nerds call “stock” Android as you’re ever likely to get these days.
The only preinstalled apps that are out of the ordinary are Truth Social, Trump’s own social media network, and Doctegrity, a telehealth platform that’s included with Trump Mobile’s $47.45 cell service. Beyond that you get a single Trump Mobile wallpaper and those photo watermarks, and that really is that.
In a sense, that’s a good thing — I’m hardly lamenting the lack of bloatware. But there’s also no sign that Trump Mobile has the ability or the intent to optimize its phone’s software or deliver any features beyond the minimum.
More worryingly, Trump Mobile hasn’t announced how long it will support the phone with software updates. When I spoke to executives from the company in February, they seemed confused by my question about how many Android version updates the phone would receive, though they did insist that customers won’t “be locked into what’s there today.” For now, that means a 2024 version of Android with a February 2026 security patch; I wouldn’t hold my breath for either to be updated any time soon.
A serious company would put more effort in
In a strange way, the T1 Phone isn’t all that terrible, but only because it proves how hard it actually is to make a truly terrible phone these days. It’s easy enough to throw together the baseline hardware, stick Android on top, and call it a day. For better or worse, that’s more or less exactly what Trump Mobile has done. Between the simple software and the dated hardware features, the T1 is an oddly compelling phone for some old-school Android fans, but Trump Mobile got there entirely by mistake.
This isn’t a serious phone. It’s a marketing stunt that got out of hand, a way to grab attention and juice the subscriber count for an overpriced cell service with the president’s name on it.
Trump Mobile doesn’t care about this phone. And after the year of reporting on it that’s led to this review, I’m thrilled to finally say: Neither should you.
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