On Friday, a resounding majority of justices on the US Supreme Court stated that they would permit the implementation of a legislation that would prohibit the wildly popular social network TikTok immediately if its Chinese parent firm declines to sell it.
This measure, which brought together both Democratic and Republican political figures, was passed by the U.S. Congress in April with a sizable bipartisan majority, during a strategic conflict between the United States and China.
It attempts to protect TikTok users—of which there are reportedly 170 million in the US—from the dangers of espionage and manipulation by Chinese authorities.
The law, which President Joe Biden signed into law right away, gives ByteDance, the parent firm of the social network, until January 19 to sell the app to another owner.
Legislators “are concerned that the ideas that appear on TikTok could in some way, in the future, manipulate Americans, convincing them to think what they should not think,” according to Noel Francisco, the lawyer for the social media platform.
He criticised the lawmakers for failing to take into account less radical “alternative” ideas, saying, “However, this conception is in conflict with the First Amendment” of the US Constitution, which guarantees freedom of expression.
National security imperatives, however, were contested by a number of judges on the conservative-majority court.
“Are we supposed to ignore the fact that the ultimate owner is under an obligation to perform intelligence work for the Chinese government?” said Chief Justice John Roberts.
Brett Kavanaugh, another conservative justice, added, “Just in terms of data collection, this is a huge concern for the future of the country.”
Elizabeth Prelogar, a legal adviser in the Biden administration, stated, “We are aware that the People’s Republic of China is eager to obtain any information it can about Americans.”
“There is harm to U.S. sovereignty if our foreign adversary can collect this data on nearly 170 million Americans on a massive scale,” she stated.
“Dangerous precedent”
The social media platform has consistently denied sending information to the Chinese government and promised to turn down any request for it to do so.
He is requesting that the Court at least postpone the law’s implementation.
Although the judgement date is unknown, the Supreme Court is anticipated to make a ruling well in advance of the conclusion of its current session, which ends at the end of June, because it is an urgent appeal.
In a statement, Yanni Chen, an attorney with the non-profit organisation Free Press, said, “Banning TikTok in this way sets a dangerous precedent that could pave the way for future state interventions against free speech online.” Chen and two other lawyers petitioned the Supreme Court to rule that the regulation was unconstitutional.
Additionally, the business is hoping to win over President-elect Donald Trump, who has stated that he has a “soft spot” for TikTok and will take office on January 20.
In an unprecedented action, Mr. Trump requested the court to halt the statute so that, once in the White House, he could “seek a negotiated outcome that would avoid a nationwide shutdown of TikTok.” In December, he visited TikTok CEO Shou Zi Chew at his estate in Mar-a-lago, Florida.
In the summer of 2020, during his first term, Donald Trump himself made an unsuccessful attempt to ban TikTok.
Since then, he has changed his mind and urged supporters of the service to support him. The Republican views TikTok as a substitute for Meta’s two social media accounts, Facebook and Instagram, which had temporarily barred him following his endorsement of the participants in the January 6, 2021, attack on the Capitol.
ByteDance has repeatedly rejected the idea of selling its shares to non-Chinese investors, but if the law is maintained, this is one alternative being considered.
However, a number of prospective purchasers have emerged, including American millionaire Frank McCourt, who advocates for safer social networks via his Liberty Project organisation. He and his partners “presented a proposal to ByteDance” to purchase TikTok in the US, he said on Thursday.
In a number of nations, TikTok pays AFP and over 15 other fact-checking groups to examine videos that might include inaccurate material.