US Supreme Court will hear TikTok’s argument against possible ban

US Supreme Court will hear TikTok's argument against possible ban

The US Supreme Court has decided to consider TikTok’s final legal arguments regarding the potential ban or sale of the platform in the United States.

The US government is moving to address concerns regarding the app, citing alleged connections to the Chinese state—claims that TikTok and its parent company, ByteDance, have firmly rejected.

The Supreme Court justices opted not to respond to TikTok’s request for an emergency injunction against the impending law. Instead, they will permit TikTok and its parent company, ByteDance, to present their arguments on January 10, just nine days before the scheduled implementation of the ban.

In early December, a federal appeals court dismissed efforts to invalidate the legislation, asserting it represented “the culmination of extensive, bipartisan action by the Congress and by successive presidents.”

The Supreme Court is the pinnacle of legal authority in the United States, and its choice to hear the case involving TikTok carries considerable weight. The court typically reviews around 100 cases annually from a pool of over 7,000 petitions submitted for consideration.

TikTok has contended that the proposed ban on its platform is unconstitutional, asserting that it would infringe upon the free speech rights of its users within the nation.

TikTok expressed satisfaction on Wednesday following the Supreme Court’s ruling.

A spokesperson for TikTok stated, “We believe the Court will find the TikTok ban unconstitutional so the over 170 million Americans on our platform can continue to exercise their free speech rights.”

According to University of Richmond law professor Carl Tobias, the appeal establishes a confrontation between the principles of free speech and the imperatives of national security.

The appeals court determined that national security considerations outweighed the arguments related to the First Amendment. Mr. Tobias stated in an email that the Justices will examine the potentially conflicting yet significant values.

Cornell professor Sarah Kreps noted that predicting the outcome remains challenging. Still, it would likely astonish the court to reverse previous rulings and contradict the intentions of both Congress and the White House.

Dr. Kreps stated that the case has navigated through the executive branch, the legislative branch, and the lower court, all of which supported the assertion that TikTok’s ownership by the China-based company ByteDance presents a national security concern.

The question on many minds is whether Trump will choose to intervene.

The future of TikTok is not solely dependent on the ongoing legal proceedings; a potential victory for Donald Trump in the upcoming US presidential election could provide the platform with a significant reprieve.

According to CBS News, which cited sources familiar with the discussions, he met with TikTok CEO Shou Zi Chew at his Mar-a-Lago estate in Florida on Monday.

Trump has openly opposed the ban, even though he endorsed a similar measure during his first term in office.

However, he will not assume office until January 20, the day after the deadline for TikTok to be banned or sold.

“I have a fondness for TikTok, as I secured a victory by 34 points,” he stated during a press conference on Monday, even though most voters aged 18 to 29 supported his rival, Kamala Harris.

“Some believe that TikTok may be a contributing factor,” he stated.

In a notable development, senior Senate Republican Mitch McConnell has called on the Supreme Court to dismiss TikTok’s appeal despite former President Trump’s backing.

In a concise submission to the court, he described the firm’s arguments as “meritless and unsound.”

Despite facing scrutiny, TikTok has garnered support from various civil liberties organisations.

A coalition has submitted a joint filing to the court, advocating for the prevention of a ban on a platform that millions use daily for communication, global awareness, and self-expression.

Kelsey Chickering, a representative from the market research firm Forrester, stated that Meta, Instagram’s parent company, stands to gain significantly from a potential ban on TikTok.

“According to Ms Chickering, TikTok plays a pivotal role in the flourishing creator economy, and a potential ban could lead to a monopoly for Meta in the realm of short-form video. She referenced a Forrester survey indicating that 56% of TikTok users would transition to Instagram Reels should such a ban occur.”

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