Social media platform TikTok is about to be banned in America and now a hearing has taken place before the US Supreme Court between the opponents and supporters of the ban. ByteDance, the Chinese company behind TikTok, had requested the appointment. But the judges were skeptical.
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The law bans hosting services as well as distribution and updates for “applications controlled by foreign adversaries.” Even distribution of the relevant source code is restricted. The fine is up to $5,500 per user.
TikTok violates the US Constitution
This law will come into effect on January 19. If ByteDance does not sell the platform by then, it will be blocked in the USA. But the company does not plan to do so and is instead relying on the First Amendment of the US Constitution on freedom of speech. In this background the company also demanded a hearing.
Noel Francisco, who represented TikTok as a lawyer at the time of the appointment, stressed media reportThat if the law goes into effect in its current form, the social media service will be shut down across the US on January 19. The app would then be removed from all app stores in the US and possibly even blocked from access if there were no sales or at least no serious discussion about it. The law also affects ByteDance apps Lemon8 and CapCut.
Lawyers see less freedom for writers
Francisco urged the court to take action other than a blanket ban, which he said would violate Americans’ right to free speech.
Lawyer Jeffrey Fischer stressed that the new law would also restrict the freedom of people who present their content on TikTok. Content creators should have the freedom to choose where they publish it. He also questioned why the US government is targeting TikTok of all people.
The government sees TikTok as a weapon of China
It was also addressed by US Attorney General Elizabeth Preloger, who is representing the US government in the case. Therefore, China can use TikTok as a “weapon” to harm America at any time. He also described China as a country with an “insatiable appetite” for information about Americans. Banning TikTok would force its Chinese owner to sell the app.
Overall, TikTok representatives have faced skeptical judges in their effort to stave off impending doom in the United States. Judge Amy Coney Barrett pointed out that the law in question does not require a ban on the app, but only its sale by the current owner, ByteDance. He argued that this means that TikTok and ByteDance have an opportunity to set aside the continued existence of their platforms in the United States.
The nine responsible judges are expected to decide on the case in the coming days. If the law remains in its current form, the ban would come into force a day before Donald Trump’s second US presidency.
Some time ago, Trump had also campaigned against the TikTok ban by writing a letter to the Supreme Court. In his first term in office, he wanted to ban the platform itself. He credits the app in part for his success in the last US elections. President Joe Biden, who is still in office, could extend the deadline for TikTok for another three months — but only if sale talks are promising.
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