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TikTok’s Fight for First Amendment Rights
A lawyer for TikTok made a case before the Supreme Court that banning the social network would infringe on both TikTok’s and Americans’ First Amendment rights. The Supreme Court recently heard arguments on whether a law that could potentially ban TikTok in the U.S. should be overturned or delayed.
The Bill and Deadline Drama
The Protecting Americans from Foreign Adversary Controlled Applications Act gives TikTok’s parent company, ByteDance, until January 19, 2025, to divest its U.S. operations or face a ban in the country. With just nine days left before the sell-or-ban deadline, TikTok’s lawyer, Noel Francisco, emphasized that the platform will essentially shut down on January 19 unless the Supreme Court steps in.
Free Speech Rights and Algorithm Protection
Francisco argued that TikTok’s For You algorithm should be protected by free speech rights, as it represents the company’s editorial discretion over the content it distributes. He also raised concerns about the feasibility of divesting the app under any timeline, pointing out that China’s restrictions on exporting the algorithm make a sale impossible.
Legal Battles and Political Maneuvering
The Supreme Court agreed to hear ByteDance and TikTok’s challenge to the sell-or-ban law, despite objections from the Department of Justice regarding national security threats. President-elect Donald Trump’s attorneys requested a pause on the ban, citing interference with foreign policy management. Interestingly, Trump, who previously called for a ban on TikTok, promised to save the app if re-elected in 2024.
The Sell-or-Ban Law
President Biden signed the sell-or-ban law in April 2024, following concerns about TikTok’s ties to China and national security risks. If ByteDance fails to sell the platform by January 19, it will be illegal for app stores and internet hosting services to distribute TikTok. The ongoing legal battle continues to raise questions about free speech, national security, and the future of TikTok in the U.S.
