The future of TikTok in the United States hangs in the balance as the Supreme Court considers a law that could ban the popular video-sharing app. The court heard arguments on Friday from TikTok's legal team, its users, and the Biden administration.
The law, which has bipartisan backing, would require ByteDance, the Chinese company that owns TikTok, to sell the app or face a shutdown in the United States. TikTok and some users argue that the law violates First Amendment rights, but the government says it is necessary to protect national security.
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The Supreme Court appeared inclined to uphold a law that could result in the prohibition of TikTok in the United States. During a session on Friday, the justices, who form a conservative majority, listened to arguments from TikTok's legal team, its users, and representatives of the Biden administration.
A preliminary decision may come soon, as the law is set to take effect on January 19 unless the platform’s Chinese owner, ByteDance, divests its stake in the company.
Despite skepticism regarding TikTok's free speech defense, uncertainty lingers about how the justices will resolve the matter, particularly with President-elect Donald Trump assuming office a day after the law’s deadline.
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Trump has filed a unique request asking the court to delay the law’s enforcement so he can address the issue politically after taking office.
The law, which gained bipartisan backing, mandates ByteDance to sell TikTok or face the platform’s shutdown in the U.S. TikTok and some users have opposed the measure, arguing it infringes on First Amendment rights. The government, however, cites national security concerns, including potential Chinese government influence over the platform and access to U.S. user data.
During the proceedings, several justices expressed concerns about the implications for free speech. However, they appeared to weigh these against Congress’ findings that ByteDance could be subject to Chinese intelligence laws. Chief Justice John Roberts emphasized that Congress is not targeting TikTok’s content but rather addressing the issue of Chinese control over the platform.
TikTok's lawyer argued that the law is unprecedented in its scope, and users’ attorneys highlighted the platform’s importance for creators, claiming that its unique algorithm provides opportunities not found on other social media platforms.
Meanwhile, government representatives underscored the risks associated with data collection and raised doubts about TikTok’s claims that it would cease operations if divestment occurred.
The law’s future remains uncertain, with broader implications for free speech, national security, and the technology industry.
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