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The Supreme Court is scheduled to hear oral arguments Friday on a U.S. law that would force TikTok to divest from its Chinese parent company ByteDance or ban it from operating in the U.S. The case raises national security concerns and Americans, a high-profile case that pits free speech protections against millions.
The court agreed in December to hold an expedited hearing in the case and decide whether to uphold or postpone TikTok’s request to suspend or extend the ban passed by Congress before it went into effect on January 19. He was given just nine days to complete the move.
However, the court is unlikely to take that long, with the judges expected to issue a decision or order within days.
The lawsuit comes as TikTok remains one of the most popular social media apps in the United States, with an estimated 170 million users nationwide.
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President-elect Donald Trump has also voiced support for the app, drawing even more national attention to the case in the final weeks before Inauguration Day.
Ahead of Friday’s oral arguments, here’s what you need to know about the arguments and how the Supreme Court might act.
The TikTok logo appears on smartphones in Suqian City, Jiangsu Province, China. (CFOTO/Sipa USA)
Discussion on TikTok, suspected violation of freedom of speech
TikTok and its parent company ByteDance are asking the court to block or delay implementation of the law, which was passed by Congress with bipartisan support in April.
The Protecting Americans from Applications Controlled by Foreign Adversaries Act gave TikTok nine months to exit its Chinese parent company or be removed from U.S. app stores and hosting services. Owners have repeatedly said they will not do so. It would also give the president a 90-day grace period to delay the ban if TikTok claims a sale is in progress.
TikTok, ByteDance, and several users of the app sought to block the ban in May, saying the bill would stifle the free speech rights of the millions of Americans who use the platform. A lawsuit was promptly filed.
TikTok’s lawyers argue that the law violates First Amendment protections, calling it “singling out applicants and forcing them to operate one of the most important speech platforms in this country.” “This is an unprecedented attempt to ban the virus,” he said, noting that lawmakers have not considered less restrictive alternatives. Completely banned.
“History and precedent teach us that speech bans must be Congress’s last resort, even when national security is at risk,” the lawyers wrote in a brief filed in the high court last month. said.
President-elect Trump is pictured in front of the TikTok logo. (Getty Images)
national security concerns
Congress last spring cited concerns that China, which the United States views as an external enemy, could use TikTok to download vast amounts of user data and push certain Chinese government-backed content onto users. A sale order was issued.
The Biden administration echoed these concerns. In a brief to the Supreme Court, U.S. Attorney General Elizabeth Preloger said the law focuses only on China’s control of the app, not its content, and the Biden administration said it would allow Americans to have “national security concerns.” It said that it could pose a “serious threat.”
Preloger said the Chinese government could “covertly manipulate the platform” to further its geopolitical interests in the United States, or use the vast amount of user data it has amassed for espionage or blackmail. did.
U.S. Attorney General Elizabeth Preloger testifies before her confirmation hearing before the U.S. Senate Judiciary Committee. (Handout via Senate/Reuters)
Lawyers for the administration argued Friday that Congress has not imposed any restrictions on speech, much less restrictions based on viewpoint or content, and that the test for violating free speech under the First Amendment. I plan to argue that it does not meet the requirements.
The Biden administration also secretly submitted confidential evidence to the court that it says provides “further support” for its conclusion that ByteDance-owned TikTok should be banned.
That evidence is not available to the public.
President-elect Trump speaks during a press conference at Mar-a-Lago in Palm Beach, Fla., Tuesday, Jan. 7, 2025. (AP Photo/Evan Vucci)
political pressure
The Supreme Court’s decision to fast-track the case comes as President-elect Trump has signaled clear support for the app in recent months.
In December, President Trump invited TikTok CEO Shou Zhi Chu to his resort, Mar-a-Lago, and announced at a press conference that the incoming administration would “consider TikTok and the acquisition case.” he told reporters.
“I have a warm spot for TikTok,” President Trump told reporters.
Lawyers for the president-elect also filed a brief with the Supreme Court last month asking the justices to postpone any decision on the case until Jan. 20, after Trump’s inauguration.
The brief does not suggest what action President Trump will take.
Still, TikTok’s lawyers directly cite that relationship in their Supreme Court filing. They argued last month that a preliminary injunction is appropriate because it would give the incoming administration time to decide on its position, as the president-elect and his advisers have expressed support for rescuing TikTok. did.
“There is a strong public interest in this court having the opportunity to conduct this review.
U.S. Supreme Court (AP Photo/Mariam Zuhaib, File)
The lawsuit also comes amid a surge of support from some members of Congress.
Sen. Rand Paul, Republican of Kentucky. Sen. Edward Markey, D-Mass. Rep. Ro Khanna, D-Calif., filed a brief Thursday saying lawmakers don’t have enough evidence to override the free speech protections afforded by the First Amendment. and asked the Supreme Court to revoke the ban.
In their brief, lawmakers cited 18th- and 20th-century sedition laws and Cold War-era restrictions on free speech, citing a longstanding reliance on national security arguments to justify censorship. did. They argued that banning TikTok over “speculative concerns” about foreign interference is “unconstitutional and contrary to fundamental American values.”
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They argued that the United States could adopt less drastic measures that effectively address data security concerns raised by the apps without violating First Amendment rights.
Others remained staunchly opposed.
Sen. Mitch McConnell blasted the TikTok debate as “unreasonable and unhealthy” in his filing, calling Congress’ explicit January 19 effective date for divestment provisions. , pointed out that “the possibility of political uncertainty in executions is very clearly removed.” We were able to enact this legislation by submitting the bill to an administration that deeply supported the bill’s objectives. ”
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