NY Judges Doubt ‘Faceless’ TikTok Algorithm Is Protected Speech

New York appellate judges on Wednesday seemed unmoved by TikTok’s argument that it’s immune under the First Amendment and federal law from the state’s lawsuit claiming the social media platform addicts children.

TikTok argues the third-party content it publishes and shows to users is a speech compilation that the state is attempting to regulate in violation of the US Constitution. But judges of the New York Supreme Court First Appellate Department signaled the algorithm that pushes content to users isn’t protected.

“Does the First Amendment protect human beings or artificial intelligence?” Associate Justice John R. Higgitt asked TikTok’s attorney. The ...