WASHINGTON: A lawyer for TikTok and its Chinese parent company ByteDance warned during Supreme Court arguments that a law that would result in a ban or forced sale of the app in the United States.
If Congress can do this to TikTok, it can do it to other companies.
The law was the subject of arguments before nine judges on Friday and sets a January 19 deadline for TikTok’s parent company to sell the short video social media app or face a ban in the US on national security grounds. .
The companies have at least tried to delay the implementation of the law, which they say violates the US Constitution’s First Amendment protections against government free speech.
Noel Francisco, who represents TikTok and ByteDance, argued that the Supreme Court’s upholding of the law could enable laws targeting other companies on similar grounds.
The justices indicated through their questions during arguments that they were inclined to uphold the law, though some expressed serious concerns about its First Amendment implications.
TikTok is a platform used by about 170 million people in the United States, which is about half of the country’s population.
Congress passed the measure last year with overwhelming bipartisan support, as lawmakers cited the threat of the Chinese government spying on Americans and exploiting TikTok for covert influence-peddling operations.
Democratic President Joe Biden signed the measure into law, and his administration is defending it in the matter.
The distribution deadline comes just one day before Donald Trump, a Republican who opposes the ban, takes office as Biden’s successor.
‘Foreign Opponents’
Solicitor General Elizabeth Preluger, the Biden administration’s defense of the law, said it was vital that the Jan. 19 deadline be met. be enforced accordingly to compel Byte Dance to comply with the divestiture.
“Foreign adversaries do not willingly relinquish control of this public communications channel in the United States,” Preluger said.
“When push comes to shove, and these restrictions go into effect, I think it’s going to fundamentally change the landscape of what ByteDance is willing to consider. The distribution process,” Preluger said. .
If the ban goes into effect on January 19, Apple and Alphabet’s Google will no longer be able to offer TikTok to new users to download, but existing users can still access the app.
The US government and TikTok agree that the app will degrade over time and eventually become unusable because the companies will not be able to offer supporting services.
Trump on Dec. 27 urged the court to delay the Jan. 19 deadline to allow his incoming administration “an opportunity to pursue a political solution to the questions at issue in the case.”