U.S. Supreme Court criticizes TikTok’s arguments against impending ban Social Media News


A U.S. Supreme Court judge has cast doubt on a challenge by video-sharing platform TikTok as it seeks to overturn a law that would force sales or ban the app until January 19.

Friday’s hearing is the latest in a legal dispute between the U.S. government and TikTok parent company ByteDance over free speech and national security issues.

The law, signed in April, announced that ByteDance would face a deadline to sell its U.S. shares or face a ban.

The bill has strong bipartisan support, with lawmakers concerned that China-based ByteDance could collect user data and provide it to the Chinese government. Outgoing US President Joe Biden finally sign Make it a law.

But ByteDance and TikTok users have challenged the constitutionality of the law, arguing that banning the app would restrict their right to free speech.

During oral arguments Friday, the Supreme Court appeared swayed by the administration’s position that the app enables the Chinese government to spy on Americans and conduct covert influence operations.

Conservative Justice Samuel Alito also raised the possibility of issuing a so-called administrative stay, which would put the law on hold while the court decides how to proceed.

The Supreme Court’s consideration of the case comes amid continued tensions in trade relations between the United States and China, the world’s two largest economies.

President-elect Donald Trump will begin his second term the day after the ban takes effect. Promise to “save” the platform during his presidential campaign.

It marked a reversal from his first term, when he unsuccessfully tried to ban TikTok.

In December, Trump called on the Supreme Court to suspend the law to give his administration “an opportunity to pursue a political solution to the issues in this case.”

Noel Francisco, a lawyer for TikTok and ByteDance, stressed to the court that the law has the potential to shut down one of the most popular platforms in the United States.

“This act should not stand,” Francisco said. He dismissed concerns that “Americans, even when fully informed, may be persuaded by Chinese misinformation,” arguing that this is a “First Amendment decision left to the people.”

Francisco asked the judges to put the law on hold at least temporarily, “which will allow you to carefully consider this important issue and, depending on the reasons explained by the president-elect, possibly stay the case.”

“Weaponizing TikTok” hurts the United States

TikTok has about 170 million U.S. users, accounting for about half of the U.S. population.

Deputy Attorney General Elizabeth Preloga, defending the Biden administration, said China’s control of TikTok poses a serious threat to U.S. national security.

She explained that the app can collect vast amounts of data about users and their contacts, which could provide China with a powerful tool for harassment, recruitment and espionage.

China then “could weaponize TikTok at any time to harm the United States.”

Preloga added that the First Amendment does not prohibit Congress from taking steps to protect Americans and their data.

During Friday’s hearing, several justices appeared to accept those arguments. Conservative Chief Justice John Roberts pressed TikTok’s lawyers over the company’s Chinese ownership.

“Should we ignore the fact that the ultimate parent company is actually doing intelligence work for the Chinese government?” Roberts asked.

“It seems to me that you are ignoring Congress’s primary concern — which is China’s manipulation of content and its access and harvest.”

“Congress doesn’t care what’s on TikTok,” added Roberts, who seemed dismissive of the free speech debate.

Left-leaning Justice Elena Kagan also said the April TikTok law “only targets this foreign company that has no First Amendment rights.”

TikTok, ByteDance and app users appeal Lower court rulings upheld the law and rejected their argument that it violated First Amendment protections of free speech.



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