Supreme Court Of USA Takes On TikTok Ban: What to Expect

Tik Tok 1 Dashing News

The Supreme Court, the only branch of the US federal government without a social media presence, is set to deliberate on Friday over the potential ban of TikTok, one of the nation’s most widely used video-sharing platforms. The decision, expected to hinge on national security and First Amendment issues, could reshape the platform’s future in the United States.


Why Is TikTok Under Threat?

TikTok, which boasts an estimated 170 million users in the US, is facing scrutiny due to its ties to China through its parent company, ByteDance. The Biden administration argues that TikTok poses a significant national security threat for two reasons:

  • Data Collection: TikTok gathers a vast amount of user data, raising concerns about how this data could be exploited by the Chinese government.
  • Content Manipulation: Officials worry that TikTok could covertly influence users by spreading disinformation or sowing discord.

Jamil Jaffer, a national security expert, warns that TikTok’s control over the content seen by millions of Americans, especially young people, allows the Chinese government to shape narratives and gather critical information.

However, TikTok supporters argue that these fears are speculative. David Greene from the Electronic Frontier Foundation describes the concerns as “nebulous” and highlights the lack of concrete evidence showing TikTok being coerced into harmful actions.


Legal Arguments at Stake

First Amendment Concerns

The core legal issue revolves around whether banning TikTok infringes upon First Amendment rights. While the government defends the ban as a necessary national security measure, TikTok’s advocates argue it undermines free speech.

Precedent of Deferring to National Security

Historically, the Supreme Court has deferred to the executive branch on national security matters. In December, a federal appeals court upheld the government’s position, ruling that TikTok must either divest from ByteDance or face a ban.


Key Justices to Watch

Justice Amy Coney Barrett

Justice Barrett’s views could be pivotal. She recently highlighted that foreign-owned platforms might not have the same First Amendment protections as US companies. Legal experts suggest her previous statements might indicate a leaning toward supporting the ban.

Justice Elena Kagan

Known for her candid remarks, Justice Kagan’s approach to technology cases has been one of cautious humility. She has admitted the court’s limited expertise in tech matters, underscoring the complexity of the TikTok debate.


Will Trump’s Proposal Influence the Case?

In an unusual twist, former President Donald Trump has requested a delay in the ban’s implementation, citing his ability to negotiate a resolution once he takes office. While the Supreme Court is unlikely to directly respond to Trump’s request, his administration’s approach could shape the timeline and outcome of the case.


Broader Implications

The Supreme Court’s decision on TikTok could set a precedent for how the US handles foreign-owned tech platforms. If the ban proceeds, it might pave the way for stricter regulations on other apps with international ties.

For TikTok users, especially teenagers who form a significant part of its audience, the platform’s future in the US hangs in the balance.


The Supreme Court’s Tech-Aversion

Despite ruling on critical tech-related cases, the Supreme Court remains largely detached from modern technology in its operations.

  • Arguments are still largely paper-based.
  • There is no official social media presence for the court or its members.
  • While audio streams of arguments are now available, the court has resisted televising its proceedings.

This detachment from technology raises questions about how well-equipped the justices are to tackle nuanced issues of the digital age.


What Happens Next?

The court’s hearing on Friday could determine whether TikTok must divest its Chinese ownership or face a nationwide ban starting 19 January. The decision will have profound implications for free speech, national security, and the future of tech regulation in the US.

Stay tuned for updates as the Supreme Court navigates this historic case.


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