Supreme Court hears arguments on potential TikTok ban
The Supreme Court is deliberating a law that could ban TikTok in the U.S. by Jan. 19 due to national security concerns
The Supreme Court is deliberating a law that could ban TikTok in the U.S. by Jan. 19 due to national security concerns
The Supreme Court is deliberating a law that could ban TikTok in the U.S. by Jan. 19 due to national security concerns
The Supreme Court is considering a law that could ban TikTok in the United States by Jan. 19, citing national security concerns.
"The Chinese government could weaponize TikTok at any time to harm the United States," U.S. Solicitor General Elizabeth Prelogar said.
The law requires TikTok's parent company, ByteDance, to sell the app or face a ban.
"That whole notion is at war with the First Amendment," said Noel Francisco, an attorney for TikTok.
Lawyers representing TikTok creators and its more than 170 million American users argue the law violates free speech.
"Restricting speech because it might sow doubt about our leaders or undermine democracy is the kind of thing our enemies do. It's not what we do in this country," said Jeffrey Fisher, an attorney for TikTok.
The Biden administration argues that nearly all TikTok users are young Americans and that China could force TikTok to hand over their data.
"They're gonna grow up and might become members of our military. They might become senior government officials. And for the Chinese government to have this vast trove of this incredibly sensitive data about them, I think, obviously, exposes our nation as a whole to a risk of espionage and blackmail," Prelogar said.
The government also argues that China could force the social media company to alter its algorithm to manipulate Americans.
"Don't we normally assume that the best remedy for problematic speech is counter-speech?" asked Associate Justice Neil Gorsuch.
TikTok's attorneys say the government hasn't provided any evidence that the company collaborated with Beijing.
"Is that not a realistic assessment by Congress and the president of the risk here?" asked Associate Justice Brett Kavanaugh.
"Your honor, I am not disputing the risks. I'm disputing the means they have chosen," Francisco responded.
TikTok is asking the justices to pause the law, as is President-elect Donald Trump, who wants to address the issue after his inauguration, one day after the ban is set to take effect.
If the ban goes into effect and ByteDance sells TikTok to a company not based in a country that's a foreign adversary, TikTok can come back online. This was an argument the Biden administration made to the justices today.
President-elect Donald Trump pushed for a national TikTok ban during his first administration but has since reversed his stance, promising to save the app.