
The Counsel
Note from Elie 1/7: TikTok's Last Stand
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Quick takeaways
- The impending Supreme Court case on TikTok underscores the crucial tension between national security concerns and First Amendment rights.
- Bipartisan congressional support for the law reflects a rare political unity driven by fears over foreign influence and data privacy.
Deep dives
The Impending TikTok Legal Battle
A significant legal case regarding TikTok is on the verge of reaching the Supreme Court, with potential ramifications for the platform's future in the United States. Central to this case is a law passed in 2024 that gives TikTok an ultimatum to sell to U.S.-based owners or face a ban by January 2025, reflecting concerns over national security linked to foreign ownership. The Biden administration argues that the law does not infringe upon the First Amendment, as it focuses on foreign adversary control rather than content restrictions. In contrast, TikTok claims the law violates fundamental free speech principles, positioning themselves as a major platform for expression amidst growing worries about data privacy and foreign influence on American users.