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US Supreme Court upholds TikTok ban law

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The US Supreme Court has unanimously upheld a federal law that requires TikTok to be sold by its Chinese parent company, ByteDance, or banned in the United States. The law, which takes effect on January 19, would deny the video-sharing app to its 170 million users in the US. The court's decision comes after the company, ByteDance, challenged the law, arguing that it would violate free speech protections for TikTok's users.

    1. TikTok should remain available to Americans, but simply under American ownership or other ownership that addresses the national security concerns identified by Congress in developing this law.
    1. For the foregoing reasons, we conclude that the challenged provisions do not violate petitioners' First Amendment rights.
    2. There is no doubt that, for more than 170 million Americans, TikTok offers a distinctive and expansive outlet for expression, means of engagement, and source of community. But Congress has determined that divestiture is necessary to address its well-supported national security concerns regarding TikTok's data collection practices and relationship with a foreign adversary.
    1. The Supreme Court decision was expected, and everyone must respect it. My decision on TikTok will be made in the not too-distant future, but I must have time to review the situation.
    2. Given just a handful of days after oral argument to issue an opinion, I cannot profess the kind of certainty I would like to have about the arguments and record before us. All I can say is that, at this time and under these constraints, the problem appears real and the response to it not unconstitutional.
    1. There's a good reason for saying that a foreign government, particularly an adversary, does not have free speech rights in the United States.
    1. Whether this law will succeed in achieving its ends, I do not know.
    1. Unless the Biden Administration immediately provides a definitive statement to satisfy the most critical service providers assuring non-enforcement, unfortunately, TikTok will be forced to go dark on January 19.
    1. Once Trump becomes president, he could attempt to prevent a ban by seeking an extension of time to consummate a 'deal' that would allow TikTok to operate in the US by implementing a qualified divestiture.
    1. I'm not aware of any time in American history where the Congress has tried to shut down a major speech platform.