WASHINGTON — TikTok’s lawyers asked the Supreme Court on Friday to strike unconstitutional a new law that could lead to a ban on the widely popular app in the United States, saying TikTok’s shutdown would affect not only TikTok’s speech but also the platform’s He argued that it would also silence speech. It has over 170 million users in the United States. President-elect Donald Trump also submitted a separate brief, saying he opposes the ban at this time and seeks time to resolve the dispute through political negotiations.
In opening briefs outlining the arguments TikTok plans to hear in the high court next month, lawyers for the platform said in opening briefs to the judges that the three-judge appellate panel He called for the decision to be reversed. supported the ban.
“We do not dispute Congress’s compelling interest in protecting the security of this country or the many weapons it has to do so,” TikTok’s lawyers wrote in their filing. It just doesn’t include suppressing American speech because Americans might be persuaded.” . ”
In a filing outlining arguments in support of the ban, the Justice Department argues that the law is consistent with the First Amendment and that the government is concerned about the consequences of TikTok’s domination by a foreign adversary, China. The United States has a compelling interest in preventing threats to national security from occurring.
The law “is brought about by the Chinese government’s control over TikTok, a platform that collects sensitive data about tens of millions of Americans and that would become a powerful tool for covert influence operations by state powers.” It addresses a serious threat to national security,” Attorney General Elizabeth Preloger wrote. And this law would reduce these threats by prohibiting foreign adversaries from controlling platforms, rather than imposing any restrictions on speech. ”
The High Court said last week: Will take on TikTok’s challenge The ban was passed by Congress in April as part of a foreign aid package. The company had asked the Supreme Court It called for a temporary block on the law and for intervention before the ban takes effect on January 19.
The justices said they would consider whether the measure violates the First Amendment, and have scheduled two hours of arguments for January 10, with a possible ruling soon after. In addition to TikTok’s challenge, the Supreme Court will consider another bid by the platform’s user groups to block the ban.
The case will be fought in the final days of the Biden administration, but President Trump, who takes office on January 20, said: show your support For TikTok. Trump tried to ban the app during his first term in office, but reversed his stance during the campaign. The president-elect has vowed to “save” the app, telling reporters earlier this month that “there’s a warm spot in my heart for TikTok.”
In a friend-of-the-court brief filed with the Supreme Court, Mr. Trump’s lawyer, D. ” Once he takes office, he will seize power through political means. ” President Trump announced in November that he planned to nominate Sauer for a second term as attorney general.
The president-elect told the Supreme Court to allow the new administration to “prevent a nationwide shutdown of TikTok and pursue a negotiated solution that preserves the First Amendment rights of tens of millions of Americans.” ”, they called for a suspension of the law’s effective date of January 19th. It also addresses the government’s national security concerns. ”
Citing the Jan. 19 deadline, President Trump said it meant “the social media platforms that govern U.S. foreign policy, protect national security, and provide a popular outlet for 170 million Americans.” “It impedes our ability to pursue resolutions that save our lives.” Exercise your core First Amendment rights. ”
Concerns about TikTok’s ties to China have led lawmakers to try to restrict access to TikTok in the United States. The platform is owned by Beijing-based ByteDance, and members of both parties and intelligence agencies say the app gives the Chinese government access to data on the roughly 170 million Americans who use TikTok. It warns that this could happen. They also expressed concern that TikTok could secretly manipulate the content on the platform by the Chinese government and use it to influence public dialogue.
Under the law, TikTok had nine months to withdraw from ByteDance or lose access to all app stores and web hosting services in the United States. , a one-time 90-day delay may be granted. January 19th.
TikTok’s lawyers argue: sale is not possibleand the Chinese government has vowed to block the sale of platforms’ powerful algorithms that recommend content tailored to users.
TikTok was born in May argued in the appeal For laws that it says violate the First Amendment rights of the platform and its users. The company also said Congress has made it subject to a ban that would bar all Americans from participating in its “unique online community.”
However, a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit disagreed, finding that the government’s national security justification for the law was consistent with the First Amendment. did.
“The First Amendment exists to protect free speech in the United States,” Senior Justice Douglas Ginsburg, an appointee of President Ronald Reagan, wrote for the unanimous court. “Here, the government acted solely to protect its freedoms from foreign adversaries and to limit the ability of adversaries to collect data about people within the United States.”
Justice Ginsburg, along with Justice Neomi Rao, an appointee of President Trump, and Chief Justice Shri Srinivasan, an appointee of President Barack Obama, wrote that while the ruling has significant implications for TikTok and its users, “the burden is… This is due to China’s hybrid commercials.” It’s not a threat to the U.S. government, it’s a threat to U.S. national security. ”
The dispute has attracted a variety of friend-of-the-court briefs from members of Congress, civil liberties groups, former national security officials and TikTok users.
