As the U.S. Supreme Court prepares to hear TikTok’s appeal against a ban that will go into effect on January 19, Democrat and libertarian lawmakers and civil liberties organizations, including the leftist American Civil Liberties Union (ACLU), have filed amicus briefs backing the platform, owned by China’s ByteDance.
Sens. Ed Markey (D-MA) and Rand Paul (R-KY), alongside Rep. Ro Khanna (D-CA), want an emergency injunction against the Protecting Americans from Foreign Adversary Controlled Applications Act, which requires ByteDance to divest from TikTok if it is to continue operating in the U.S.
The lawmakers insist a ban would infringe on the First Amendment rights of millions of Americans. They claim the federal government’s goal of preventing content manipulation by the Chinese Communist Party (CCP), which has strong ties to ByteDance, can be addressed through less stringent regulations.
The ACLU, the Center for Democracy & Technology (CDT), and the Freedom of the Press Foundation have also filed a brief alleging there is insufficient evidence that TikTok threatens “ongoing or imminent harm.”
“This social media platform has allowed people around the world to tell their own stories in key moments of social upheaval, war, and natural disaster while reaching immense global audiences,” argues ACLU National Security Project Deputy Director Patrick Toomey, calling the divestment demand “extraordinary and unprecedented.”
TRUMP’S STANCE.
Lawyers representing President-elect Donald J. Trump, while taking “no position on the underlying merits of this dispute,” are also requesting the high court pause the ban, to afford the incoming administration “the opportunity to pursue a political resolution of the questions at issue in the case.”
Trump found success on TikTok during the presidential race and has a “warm spot” for the platform.
The Protecting Americans from Foreign Adversary Controlled Applications Act was upheld by a federal appeals court earlier this month, prompting the appeal to the Supreme Court.
NEW: ACLU and partners file brief urging the Supreme Court to strike down the TikTok ban.
Banning this social media platform would trample on the constitutional rights of over 170 million Americans. pic.twitter.com/HPqmlYf75r
— Patrick Toomey (@PatrickCToomey) December 27, 2024