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TikTok urges Supreme Court to stop impending ban just days before it takes effect

TikTok urges Supreme Court to stop impending ban just days before it takes effect



Supreme Court to Hear TikTok Case: National Security vs Free Speech

Supreme Court to Hear TikTok Case: National Security vs Free Speech

January 14, 2024

The U.S. Supreme Court is set to hear oral arguments this Friday morning in a case that could reshape the future of TikTok in the United States. The central question is whether the popular social media platform should be mandated to divest from its Chinese-owned parent company, ByteDance, or face a complete ban in the U.S. Concerns regarding national security are pitted against First Amendment protections in this closely watched legal battle.

Legislation Under Scrutiny: The Protecting Americans from Foreign Adversary Controlled Applications Act

At the heart of the case is the Protecting Americans from Foreign Adversary Controlled Applications Act, a law passed by Congress last April. The legislation granted TikTok a nine-month window to either divest from ByteDance or face removal from American app stores and internet hosting services.

The Argument for TikTok: First Amendment Rights

Lawyers representing TikTok are expected to assert that the law’s requirement for either divestiture or a ban constitutes a violation of the First Amendment. They will argue that Congress failed to explore more moderate solutions before resorting to a complete ban on the app, thereby infringing on the platform’s free speech rights.

The Government’s Position: National Security Concerns

The Biden administration will present its case, emphasizing that the law specifically targets the control of the app rather than its content. Attorneys for the government argue that TikTok’s ties to the Chinese government could pose “grave national security threats” to American users. They contend that the legislation does not impose any restrictions on speech itself, thus not violating First Amendment protections.

The Implications for Users

The impending decision has significant implications for the approximately 170 million U.S. residents who utilize the app. If the Supreme Court rules in favor of the government, TikTok could be forced to cease operations in the U.S., fundamentally altering the social media landscape and affecting millions of users who rely on the platform for both personal and professional connections.

A Tight Timeline for the Court

Justices agreed to expedite the hearing process in December, reflecting the urgency of the situation. The Supreme Court is expected to issue a ruling within just nine days, ahead of a potential ban set to take effect on January 19.

Oral arguments are scheduled to begin at 10 a.m. Stay tuned for live updates as the proceedings unfold.

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