Doom could be coming for scrolling after the Supreme Court heard arguments Friday about the constitutionality of a law that would force TikTok’s Chinese owner, ByteDance, to divest from the social platform. media or view the app, which is used by almost 170 million Americans, is prohibited. in the US
A decision is expected before the January 19 deadline on the divestment law and court watchdogs. reported that the judges SHOWS doubts TikTok’s arguments. ByteDance and a group of TikTok creators already lost their case in a lower federal court last month, setting the stage for a final appeal to the Supreme Court.
The case is about a bipartisan legislation passed by Congress and signed by President Joe Biden earlier this year would ban the TikTok app from operating in the US unless ByteDance relinquishes control of its US subsidiary. Intelligence officials and lawmakers already raising the alarm about the ownership of TikTok for years, arguing that the company’s addictive algorithm acts as a propaganda machine for the Chinese government and that the data the app collects about users threatens national security in the US.
US Solicitor General Elizabeth Prelogar pressed the points Friday, saying “tThe Chinese government can use TikTok at any time” by using the large amount of sensitive data collected by the app to blackmail Americans or by using its influence on ByteDance’s proprietary. algorithm to “covertly manipulate the platform to advance its geopolitical goals.”
TikTok’s lawyer, Noel Francisco, argued that the law is directly aimed at suppressing certain ideas and content and therefore violates TikTok Inc.’s free speech rights. (the company’s American subsidiary). In addition, he said, Congress has not considered less restrictive options to prevent the Chinese government from accessing data collected by TikTok about US users. The law is important to force TikTok to close, he said, because selling the platform is very difficult and even if another entity buys the US subsidiary it will not be able to use ByteDance’s proprietary recommendation algorithm that made TikTok so popular. .
The case hinges on several key questions: Is a law prohibiting a publisher from being controlled by a foreign entity an impermissible restriction on protected speech? And if so, does Congress have a compelling enough national security argument to survive the law’s strict standard of review established by the court for cases pitting national security against First Amendment protections?
Throughout the two-and-a-half-hour hearing, Prelogar and several judges repeatedly pointed out that the law does not force TikTok to shut down. Under a new owner, the US version of the app could switch to a different recommendation algorithm—even one that promotes pro-Chinese content—as long as the Chinese government itself doesn’t have a backdoor. in the application.
While the justices could make a clear determination to uphold or strike down the law, they could also choose to put a temporary stay on the case to allow President-elect Donald Trump to negotiate a settlement. something that TikTok’s lawyers seem to be happy to accept. Trump filed a court brief days before the hearing asking for such a delay.