The Supreme Court reasserts TikTok’s prohibition in a judgment cementing the conclusion of the ongoing legally contested period for the ByteDance-owned platform. As the law stands, TikTok’s US-based operations would need to disentangle themselves from the parent company or face extinction.
As per the law, starting Sunday, distributing the social media app by any application stores or internet host providers stands illegal. While TikTok hinted the application would “go quiet,” the post-ban reality remains murky.
The verdict issued by the Supreme Court came as a response to a collective appeal by the TikTok operating entities and some US-based users. The appeal, challenging the ban on First Amendment grounds, was enacted as part of the new Protecting Americans from Foreign Adversary Controlled Applications Act.
But, facing time constraints, the court concluded that while foreign adversaries expressing on the platform is one thing, allowing them to spy on American citizens is a completely different issue. The argument was foregrounded despite TikTok’s contending that the law violates the First Amendment.
Notably, the Department of Justice made a case that this law is no infringement on freedom of speech, as its primary goal isn’t the regulation of free expression or even the platform’s algorithm. Echoing serious security concerns, it was highlighted how the Chinese government could potentially manipulate ByteDance into disclosed millions of American’s data.
While TikTok claimed the impossibility of divesting from their US operations due to China’s potential resistance to the export of their algorithm, the Supreme Court validated the Act’s aims amidst acknowledging TikTok’s contentions.
Last April, the law mandating TikTok to sell or ban was signed by President Biden following years of allegations regarding the platform’s potential security threats due to its linkages with China.
Expect more as this story unfolds.
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