TokTok Ban Goes to Supreme Court

John Lister's picture

The Supreme Court is to rule on a law that would effectively ban TikTok in the US. The timing of the hearing means there may be little room for nuance.

The law follows ongoing debate about whether the Chinese-owned app poses a threat to US security. The app is already banned on devices owned by the US federal government and those in many states, though previous state laws that would have banned TikTok from app stores have been blocked.

Critics of the app believe it accesses more customer data than is necessary for its stated purpose and that there's a risk the Chinese government may have or demand access to this data.

Deadline Looming

Earlier this year, a federal law was passed that set a deadline of 180 days for TikTok's owners ByteDance to sell off the company. If it refuses to do so (which is the case so far), it will become illegal to distribute, maintain or update the app in the US.

The law has proven hugely controversial, partly because it specifically targets one company and partly because of arguments it breaches the First Amendment because people use it to communicate and express themselves. ByteDance has also said the 180 day deadline was unrealistic as it couldn't complete a sale within that period even if it wanted to. (Source: ft.com)

An appeals court upheld the law earlier this month, ruling that it was specific and narrow enough to support the argument it was necessary for national security. The Supreme Court has now agreed to hear the case starting on January 10, 2025.

Nine Days To Decide

That's an incredibly tight and politically sensitive timetable. The deadline for TikTok effectively becoming banned is January 19, with its owners arguing that even a short period of unavailability would cause it significant harm. (Source: cnbc.com)

Meanwhile Donald Trump will take office as President the following day. A Supreme Court ruling would affect his ability to change policy towards the app, either by executive action or by indicating he'd support a change in the law.

What's Your Opinion?

Do you support or oppose the law and likely ban? Should the First Amendment apply in this case? Is national security an appropriate reason to ban an app?

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