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TikTok takes legal fight to US Supreme Court over ban threat - adtechsolutions

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TikTok takes legal fight to US Supreme Court over ban threat


The US Supreme Court has agreed to hear TikTok’s latest legal challenge to a threatened ban or forced sale of its US operations.

The legal battle stems from the US government’s claim that TikTok poses a national security threat due to alleged ties to the Chinese government – a claim that TikTok and its parent company ByteDance strongly deny.

While the court rejected TikTok’s request for emergency order to block the legislation will allow the company to present its arguments on January 10, just nine days before the ban is due to take effect. Earlier this month, a federal appeals court upheld the legislation, calling it the result of “extensive, bipartisan action” by both Congress and successive presidential administrations.

The Supreme Court’s decision to hear the case is significant given its selectivity – it reviews fewer than 100 cases out of a thousand submissions each year. TikTok has argued that the proposed ban violates the constitutional free speech rights of its users in the US.

TikTok expressed optimism in response to the Supreme Court’s order. “We believe the court will find TikTok’s ban unconstitutional, so more than 170 million Americans can continue to exercise their free speech rights on our platform,” a TikTok spokesperson said in a statement. BBC.

The case sparked a broader debate about the intersection of free speech and national security. Carl Tobias, a law professor at the University of Richmond, emphasized that the stakes are high. “The Court of Appeals found that national security outweighed the First Amendment claim. However, judges will examine potentially conflicting but significant values,” he explained in an email.

Predicting the outcome is still challenging, according to Sarah Kreps, a professor at Cornell University. “The case has already gone through the executive branch, the legislature and a lower court, all of which have upheld the argument that Chinese company ByteDance’s ownership of TikTok poses a national security risk,” she noted, adding that this would be unusual. for the Supreme Court to annul these judgments.

Political influence and uncertainty

The fate of TikTok may be determined by both the court proceedings and the political environment. Former President Donald Trump, who recently won the US presidential election, can play a significant role. CBS News reports that Trump recently met with TikTok CEO Shou Zi Chew at his Mar-a-Lago mansion in Florida.

Despite supporting the ban during his first term, Trump has since expressed opposition to the measure, suggesting that TikTok played a role in his strong support among younger voters. “I have a warm place in my heart for TikTok because I won the youth by 34 points,” he said during a press conference, although polling data suggests a majority of voters aged 18-29 support his opponent Kamala Harris.

But Trump won’t take office until Jan. 20, the day after the ban expires, so the app’s immediate future remains in doubt.

Meanwhile, opposition to TikTok remains strong in Washington. Senate Republican Leader Mitch McConnell urged the Supreme Court to reject the company’s challenge, describing its legal arguments as “baseless and without merit.”

(Image from Pixabay)

See also: TikTok banned in 2025? What will happen next after the US court decision?

Are you interested in how leading global brands can discuss similar topics in person? Learn more about Digital Marketing World Forum (#DMWF) Europe, London, North America and Singapore.

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