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U.S. Supreme Court justices on Friday ruled against TikTok’s effort to overturn federal “sell-or-ban” laws, as they warned that TikTok could “go dark” in one of its biggest markets within nine days. He seemed skeptical.
Oral arguments on Friday will allow legislation to take effect that would force TikTok’s Chinese parent company ByteDance to sell its platform by January 19, the day before Donald Trump takes office, or else it will be sold nationwide. The focus was on whether they would face legal bans.
The bill was passed with strong bipartisan support last year, but the video platform has exploded in popularity among teens and now has 170 million users in the United States. However, this has spurred concerns that the Chinese government could use it for espionage purposes or to spread propaganda.
TikTok denies the accusations, arguing that the law violates First Amendment protections for free speech. Meanwhile, President Trump promised to “save the app” and later called for a delay in the legislative deadline to give “an opportunity to pursue political solutions to the issues at issue in the case” when he returned to the White House. petitioned the Supreme Court. this month.
Either way, the court’s decision will have far-reaching implications not only for free speech in the United States, but also for global relations with China.
During Friday’s oral argument, the justices across the ideological spectrum repeatedly challenged TikTok’s claims that the law is an attack on free speech, instead saying the platform would be used for “covert operations.” It highlighted concerns that the data could be easily collected by the Chinese government.
TikTok’s lawyer, Noel Francisco of Jones Day, called the law “uniquely harsh” on the company, saying it could indirectly lead to China’s future control of TikTok. This is because the government is concerned about the possibility of putting pressure on the government.
Chief Justice John Roberts, a member of the court’s conservative wing, responded: “Should we then ignore the fact that the ultimate parents are actually conducting intelligence activities for the Chinese government?” .
The court’s liberal Justice Elena Kagan acknowledged that the company “will suffer fairly severe[but]collateral consequences.” Even if TikTok ultimately loses access to ByteDance’s algorithms as a result of the sale, the law “remains for TikTok the ability to do what all other parties in the United States can do: find the best algorithms available.” “It has been done,” he said.
U.S. Attorney General Elizabeth Preloger emphasized the government’s national security argument. China’s efforts to undermine the United States by amassing “sensitive data” about Americans, and its ability to compel companies to hand over such material, suggest that “the Chinese government could weaponize TikTok at any time.” “This means that they can harm the United States by doing so,” she said.
He said ByteDance had already acquiesced to the Chinese government’s demands and claimed there was evidence that it had “taken steps to misappropriate data.” . . The purpose is to track down Uyghur dissidents in Hong Kong (and) China. ”
ByteDance also admitted that it had improperly obtained the data of two US journalists, including a Financial Times reporter, adding that it had “misappropriated US data”.
TikTok argued before the deadline that a spinoff was technically “unfeasible.” The Chinese government, which will have a say under China’s export laws, also says it opposes the sale and denounces the law as a “blatant act of commercial robbery.” Francisco, TikTok’s lawyer, reiterated this point Friday, saying a sale would be “extremely difficult in any period.”
Asked on Jan. 19 what would happen if the company loses the case, Francisco said, “My understanding is we’ll be in the dark.”
The court is expected to issue a ruling before a Jan. 19 deadline, which would eliminate the major entertainment and news source for young people that has provided livelihoods to thousands of influencers and attracted top advertising dollars. Destiny may be decided.
Even if the courts rule against TikTok, Trump could intervene once he takes power, but it’s unclear how. The president-elect’s surprise rescue mission for the video app comes after he used the platform to engage with young voters during last year’s election campaign.
It also comes after President Trump criticized US social networks as “enemies of the people” over allegations of censorship of conservative content, and Mark Zuckerberg’s desire to maintain “competition” in a meta-dominated market. It echoed what I said.
