The fate of a law that would likely ban TikTok in the United States due to national security concerns goes before the Supreme Court. The law requires China-based owner ByteDance to divest from the company, or face a ban on the popular social media platform. TikTok and users sued, arguing it violates free speech rights. The court will consider these arguments against national security concerns over Chinese influence.
Former President Trump supported the ban, but later indicated support for TikTok, while President Biden signed it into law. Trump filed a brief asking to block the law temporarily to pursue a political resolution. The law allows for a one-time extension if there’s progress towards divestiture. The appeals court upheld the law, citing national security interests and legitimate concerns about Chinese access to American user data.
TikTok’s lawyers argue that Congress can protect national security without suppressing free speech. Supporters include public interest groups like the ACLU. The government argues the ban does not implicate the First Amendment and is necessary to prevent Chinese control over speech. The federal government is backed by Montana and 21 other states, as well as former national security officials. TikTok, launched in 2018, now has 170 million American users and provides personalized short-form video content streams.
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