POLITICO Tech The legal battle over the TikTok ban, explained
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Dec 9, 2024 Carrie Cordero, a national security attorney and senior fellow at the Center for a New American Security, dives into the legal fight surrounding TikTok. She discusses a recent federal court ruling that could force TikTok's parent company, ByteDance, to divest due to national security concerns. Cordero examines the tension between First Amendment rights and security issues, the future of the app amidst potential Supreme Court challenges, and the broader implications for U.S.-China tech relations.
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Court Ruling on TikTok Ban
- The D.C. Circuit Court strongly endorsed the government's view on the TikTok ban.
- They showed significant deference to the executive branch's national security arguments.
First Amendment Concerns
- TikTok argued the ban violates the First Amendment, citing free speech concerns.
- The court prioritized national security, applying strict scrutiny and finding the ban narrowly tailored.
Lack of Public Evidence
- The government hasn't publicly disclosed evidence of TikTok's data funneling or algorithm manipulation.
- Congress accepted classified information justifying the ban, satisfying the court's need for public evidence.