WASHINGTON (AP) — The Supreme Court will hear arguments on Friday in a key case involving the popular social media app TikTok, where issues of free speech and national security intersect. TikTok has announced plans to cease operations in the U.S. by January 19 unless the Supreme Court blocks a law requiring its Chinese parent company to sell the platform. President-elect Donald Trump has requested time for his administration to seek a political resolution, a move that the court may consider in its decision-making process.
Stakeholders, including TikTok, its parent company ByteDance, content creators, and users, argue that the law violates free speech rights guaranteed by the Constitution. The case poses a significant free speech challenge for the court, as it impacts a large number of individuals who rely on the platform for their livelihoods.
The Biden administration supports the law, citing national security concerns related to Chinese control over TikTok. However, TikTok argues that there is no evidence of China misusing the platform for such purposes. A recent appellate court ruling upheld the law, but the Supreme Court will now review the case just days before the law is set to take effect.
In an unusual move, Trump’s legal team has asked the court to temporarily block the TikTok ban, emphasizing Trump’s dealmaking skills and potential to address national security concerns while saving the platform. Trump’s campaign previously used TikTok as a tool for engaging with voters, particularly among younger demographics.
WASHINGTON (AP) — The Supreme Court is set to hear arguments on Thursday in a high-profile case involving TikTok, the popular social media app owned by Chinese company ByteDance. The case, which centers on a Trump-era executive order that sought to ban the app in the United States, has garnered significant attention due to its potential implications for free speech and national security.
The arguments, scheduled to take place in December, have attracted widespread interest, with TikTok influencer Alex Rodriguez boasting a massive following of 14.7 million on the platform. The justices have allocated two hours for the proceedings, signaling the complexity of the legal issues at stake. Three prominent Supreme Court attorneys are slated to present arguments during the session.
Solicitor General Elizabeth Prelogar will represent the Biden administration in defending the law, while Noel Francisco, who served as Trump’s solicitor general in his first administration, will argue on behalf of TikTok and ByteDance. Jeffrey Fisher, a distinguished professor at Stanford Law School, will be making his 50th appearance before the high court, advocating for content creators and users impacted by the potential ban.
If the law is upheld, the responsibility of enforcing it would fall to Trump’s Justice Department. Legal representatives for TikTok and ByteDance have contended that the Biden administration may seek to mitigate the law’s harshest effects. However, they have warned that even a brief shutdown could result in a significant loss of users and advertising revenue for TikTok.
In considering the case, the Supreme Court faces the critical question of the level of scrutiny to apply to the law. Under strict scrutiny, laws are typically subject to rigorous examination and often do not survive judicial review. Yet, two judges on the appellate court that upheld the law argued that it could withstand such scrutiny, though they acknowledged it would be a rare exception.
Advocates for TikTok, its users, and various supporting briefs have urged the court to subject the law to strict scrutiny in order to invalidate it. However, the Democratic administration and some of its allies have pointed to existing restrictions on foreign ownership in sectors like radio stations to justify the government’s efforts to counter Chinese influence through the TikTok ban.
A decision on the case is anticipated to be reached in the coming days, with the potential to have a lasting impact on the future of social media regulation and national security. For the latest updates on the Supreme Court proceedings, follow the AP’s coverage at https://apnews.com/hub/us-supreme-court.
