The US Supreme Court has announced that it will hear arguments next month on the legality of a federal legislation that may ban TikTok in the US if its Chinese parent firm does not sell it. On January 10, the court will hear arguments about whether the law impermissibly restricts speech in violation of the First Amendment. The statute, signed in April, established a January 19 deadline for TikTok to be sold or face a ban in the United States. The popular social networking site boasts over 170 million members in the United States and 23 million in the United Kingdom. Why has the UK banned TikTok on government phones? Exclusive
It is unknown how quickly a decision will be made. However, if at least five of the nine justices believe the bill is unconstitutional, the Supreme Court could act after the arguments to prevent it from taking effect until a definitive verdict is issued. Lawyers representing China-based ByteDance and its parent business had urged the judges to intervene before January 19. The Supreme Court will also hear arguments from content creators who rely on the network for income and some TikTok users. The timing of the arguments indicates that Joe Biden’s outgoing administration’s Justice Department will argue in favour of the bill, which passed Congress with bipartisan support and was signed by the president in April.
The incoming Republican administration may not share the same perspective of the law. President-elect Donald Trump, who previously backed a ban but swore during the campaign to “save TikTok,” has stated that his administration will look into the matter. On Monday, Trump met with TikTok CEO Shou Zi Chew at his Florida club, Mar-a-Lago. According to the firms, a one-month closure would cost TikTok around one-third of its daily users in the United States as well as significant advertising income. The lawsuit sets free speech rights against the government’s declared goal of preserving national security, while also raising new concerns about social media platforms.
On December 6, a panel of federal judges on the United States Court of Appeals for the District of Columbia Circuit unanimously upheld the statute and dismissed an emergency request to delay its implementation. Without judicial action, the law would take effect on January 19 and subject app shops that offer TikTok and internet hosting firms that support it to potential fines. It would be up to the Justice Department to implement the legislation by investigating any infractions and pursuing punishment. However, lawyers for TikTok and ByteDance have suggested that Trump’s Justice Department may halt enforcement or take other steps to lessen the law’s most serious repercussions. Trump takes office one day after the law is set to go into effect.
The United States has long been concerned that the Chinese proprietors of TikTok, ByteDance, who are reputedly loyal to the ruling Communist Party, are secretly collecting data on their users. TikTok and the Chinese authorities have repeatedly disputed this claim. ByteDance has stated that it has never given US user data with Chinese authorities and will not do so if asked. However, the recent increase in cyberattacks uncovered in US government systems and against American companies has done little to alleviate Washington’s concerns. China also has national security regulations that require organizations to participate in intelligence gathering. The Biden administration secured unusual cross-party support for the proposal, which would either outlaw TikTok in the country or force its sale. The US
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