> And the entity being constrained is a foreign actor
Genuine question from a non-American: does the 1st amendment only apply to US citizens?
Genuine question from a non-American: does the 1st amendment only apply to US citizens?
Citizens in the US are implicitly allowed to do whatever they like, subject to laws that the government enacts. The constitution describes those areas where the government is allowed to pass laws. All other areas are off limits to the government, and left for the people to do as they like. To emphasize the point, the amendments specify certain areas that the government is extra-especially-not-allowed to create any laws about, like speech.
The extent to which this is observed today is quite dubious. There are lots of laws that the US government passes which have little to do with anything the constitution allows them to do - but they kinda hand-wave around that and gesture toward something, like the "commerce clause" or whatnot as justification.
But in theory - for any law passed - it is unconstitutional unless you can say exactly where in the constitution it is explicitly allowed.
* Having written all that, I will add that "government" above means the US Federal government, not all the other ones. State, local, have a lot of latitude to make whatever laws they want, unless a federal law specifically prohibits it.
This is not entirely correct. In general many elements of the Constitution are incorporated and apply at all levels of government. It even outranks state constitutions where the two conflict.
https://en.wikipedia.org/wiki/Incorporation_of_the_Bill_of_R...
The Constitution, its Amendments, and decisions of the Supreme Court are not 'federal laws'.
The major difference is the Tenth Amendment, which sets the states apart by specifying that any powers not "delegated to" the federal government are reserved exclusively for the states. (In practice courts have found many "implied powers" that are not explicitly enumerated).
Federal laws are distinct from the Constitution.
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However TikTok US here is a domestic organization operating domestically merely controlled by a foreign organization operating abroad, which complicates matters. It has rights.
A later amendment is held to have "incorporated" this prohibition against the state governments as well, though that amendment doesn't actually specify anything in particular. ("No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.")
It is frequently argued that some act of the government violates the free speech rights of foreigners living abroad, which is to say that whatever it was the government did fell into the class of behaviors prohibited by the first amendment. People tend to find that argument weird; I don't know what its batting average is.
Summing up, nothing extends rights to foreigners, but since the first amendment is a prohibition on the government rather than a grant of rights to certain protected people, foreigners arguably enjoy equal protection.
TL:DR: no, it doesn't even apply to US citizen, only to US government.
PS: "tyranny of the majority" for some is a definition fascism, i disagree, to me it isn't even proto-fascism, it lack a weird mythos about internal enemies and a few other mythos. It's closer bonapartism, or cesarism at worst. To be clear i think it is a precondition to have fascism (I.E as long as your case law/consitution is enforced for everybody the same way, you aren't a fascist state).