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The illustration logo of TikTok is displayed on a mobile phone screen in front of The White House in Washington D.C., United States on April 20, 2024.
(Photo: Celal Gunes/Anadolu via Getty Images)
'Completely Out of Touch... Both Parties': Supreme Court Looks Ready to OK TikTok Ban
"Banning TikTok in this way sets a dangerous precedent that could pave the way to future government interventions against online speech," said one advocate.
Jan 10, 2025
To the chagrin of First Amendment defenders and content creators, the Supreme Court on Friday appeared poised to uphold a law passed by Congress last year that would shut down the widely popular social media app TikTok in the U.S. unless its owner, the Chinese company ByteDance, sells it.
The de facto ban on TikTok was tucked into a $95 billion legislative package for aid to Ukraine and Israel that was passed by the Senate in April 2024. A standalone version of the legislation cleared the House with bipartisan support a month earlier. It is set to go into effect on January 19, barring a sale by ByteDance or intervention by the Supreme Court.
The law was justified on national security grounds, which were fueled by fears that national security laws in China could compel ByteDance to give the Chinese government access to data on TikTok users.
Nina Turner, a senior fellow at the Institute on Race, Power, and Political Economy, wrote Thursday: "The U.S. government stood up to TikTok before they stood up to[Israeli Prime Minister Benjamin] Netanyahu, or the health insurance lobby, or Big Pharma, or Big Oil—no. TikTok. Completely out of touch with the American people. Both parties."
During oral arguments, "justices across the ideological spectrum asked tough questions of both sides, [but] the overall tone and thrust appeared to suggest greater skepticism toward the arguments by lawyers for TikTok and its users that the First Amendment barred Congress from enacting the law," according to Friday reporting from The New York Times.
However, the Times also noted that "several justices were skeptical about a major part of the government's justification for the law: the risk that China might 'covertly' make TikTok manipulate the content shown to Americans or collect user data to achieve its geopolitical aims."
Ahead of the U.S. Supreme Court's hearing on TikTok's appeal of the ban, three bipartisan lawmakers were among the First Amendment advocates who filed amicus briefs in support of the app in late December. Rep. Ro Khanna (D-Calif.) and Sens. Ed Markey (D-Mass.) and Rand Paul (R-Ky.) asked the court to grant TikTok an emergency injunction to block the Protecting Americans from Foreign Adversary Controlled Applications Act.
The ACLU, the Center for Democracy & Technology (CDT), and the Freedom of the Press Foundation were among several civil liberties groups that also filed an amicus brief in late December, arguing that the government has not presented sufficient evidence that the app, which is used by 170 million Americans, causes "ongoing or imminent harm."
In a statement released Friday, the Free Press policy counsel Yanni Chen said that "as with repressive laws from oppressive regimes around the world, the real toll of the ban will be on everyday people... TikTok users, many of whom use the platform to organize communities and express views that legacy media often ignore."
"Banning TikTok in this way sets a dangerous precedent that could pave the way to future government interventions against online speech," she added.
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To the chagrin of First Amendment defenders and content creators, the Supreme Court on Friday appeared poised to uphold a law passed by Congress last year that would shut down the widely popular social media app TikTok in the U.S. unless its owner, the Chinese company ByteDance, sells it.
The de facto ban on TikTok was tucked into a $95 billion legislative package for aid to Ukraine and Israel that was passed by the Senate in April 2024. A standalone version of the legislation cleared the House with bipartisan support a month earlier. It is set to go into effect on January 19, barring a sale by ByteDance or intervention by the Supreme Court.
The law was justified on national security grounds, which were fueled by fears that national security laws in China could compel ByteDance to give the Chinese government access to data on TikTok users.
Nina Turner, a senior fellow at the Institute on Race, Power, and Political Economy, wrote Thursday: "The U.S. government stood up to TikTok before they stood up to[Israeli Prime Minister Benjamin] Netanyahu, or the health insurance lobby, or Big Pharma, or Big Oil—no. TikTok. Completely out of touch with the American people. Both parties."
During oral arguments, "justices across the ideological spectrum asked tough questions of both sides, [but] the overall tone and thrust appeared to suggest greater skepticism toward the arguments by lawyers for TikTok and its users that the First Amendment barred Congress from enacting the law," according to Friday reporting from The New York Times.
However, the Times also noted that "several justices were skeptical about a major part of the government's justification for the law: the risk that China might 'covertly' make TikTok manipulate the content shown to Americans or collect user data to achieve its geopolitical aims."
Ahead of the U.S. Supreme Court's hearing on TikTok's appeal of the ban, three bipartisan lawmakers were among the First Amendment advocates who filed amicus briefs in support of the app in late December. Rep. Ro Khanna (D-Calif.) and Sens. Ed Markey (D-Mass.) and Rand Paul (R-Ky.) asked the court to grant TikTok an emergency injunction to block the Protecting Americans from Foreign Adversary Controlled Applications Act.
The ACLU, the Center for Democracy & Technology (CDT), and the Freedom of the Press Foundation were among several civil liberties groups that also filed an amicus brief in late December, arguing that the government has not presented sufficient evidence that the app, which is used by 170 million Americans, causes "ongoing or imminent harm."
In a statement released Friday, the Free Press policy counsel Yanni Chen said that "as with repressive laws from oppressive regimes around the world, the real toll of the ban will be on everyday people... TikTok users, many of whom use the platform to organize communities and express views that legacy media often ignore."
"Banning TikTok in this way sets a dangerous precedent that could pave the way to future government interventions against online speech," she added.
To the chagrin of First Amendment defenders and content creators, the Supreme Court on Friday appeared poised to uphold a law passed by Congress last year that would shut down the widely popular social media app TikTok in the U.S. unless its owner, the Chinese company ByteDance, sells it.
The de facto ban on TikTok was tucked into a $95 billion legislative package for aid to Ukraine and Israel that was passed by the Senate in April 2024. A standalone version of the legislation cleared the House with bipartisan support a month earlier. It is set to go into effect on January 19, barring a sale by ByteDance or intervention by the Supreme Court.
The law was justified on national security grounds, which were fueled by fears that national security laws in China could compel ByteDance to give the Chinese government access to data on TikTok users.
Nina Turner, a senior fellow at the Institute on Race, Power, and Political Economy, wrote Thursday: "The U.S. government stood up to TikTok before they stood up to[Israeli Prime Minister Benjamin] Netanyahu, or the health insurance lobby, or Big Pharma, or Big Oil—no. TikTok. Completely out of touch with the American people. Both parties."
During oral arguments, "justices across the ideological spectrum asked tough questions of both sides, [but] the overall tone and thrust appeared to suggest greater skepticism toward the arguments by lawyers for TikTok and its users that the First Amendment barred Congress from enacting the law," according to Friday reporting from The New York Times.
However, the Times also noted that "several justices were skeptical about a major part of the government's justification for the law: the risk that China might 'covertly' make TikTok manipulate the content shown to Americans or collect user data to achieve its geopolitical aims."
Ahead of the U.S. Supreme Court's hearing on TikTok's appeal of the ban, three bipartisan lawmakers were among the First Amendment advocates who filed amicus briefs in support of the app in late December. Rep. Ro Khanna (D-Calif.) and Sens. Ed Markey (D-Mass.) and Rand Paul (R-Ky.) asked the court to grant TikTok an emergency injunction to block the Protecting Americans from Foreign Adversary Controlled Applications Act.
The ACLU, the Center for Democracy & Technology (CDT), and the Freedom of the Press Foundation were among several civil liberties groups that also filed an amicus brief in late December, arguing that the government has not presented sufficient evidence that the app, which is used by 170 million Americans, causes "ongoing or imminent harm."
In a statement released Friday, the Free Press policy counsel Yanni Chen said that "as with repressive laws from oppressive regimes around the world, the real toll of the ban will be on everyday people... TikTok users, many of whom use the platform to organize communities and express views that legacy media often ignore."
"Banning TikTok in this way sets a dangerous precedent that could pave the way to future government interventions against online speech," she added.
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