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JUST IN: Supreme Court Issues Ruling On TikTok Ban


The Supreme Court unanimously upheld a law on Friday that would force TikTok’s sale from a Chinese-owned company or see the social media platform banned, rejecting an appeal from the app’s owners claiming the ban violates the First Amendment.

The divestiture law is scheduled to take effect on January 19th.

“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,” the court wrote in the ruling, according to Fox News.

“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,” it added.

WATCH:

Per Fox News:

At issue was the Protecting Americans from Foreign Adversary Controlled Applications Act, a law passed by Congress last April with wide bipartisan support. The law gave TikTok nine months to either divest from its Chinese parent company, ByteDance, or be removed from U.S.-based app stores and hosting services.

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In passing the law, Congress cited concerns over the app’s Chinese ownership, which members said meant the app had the potential to be weaponized or used to amass vast amounts of user data, including from the roughly 170 million Americans who use TikTok.

TikTok, ByteDance and several users of the app swiftly sued to block the ban in May, arguing the legislation would suppress free speech for the millions of Americans who use the platform. After a lower court upheld the ban, the Supreme Court agreed to hear TikTok’s emergency request to either block or pause implementation of the law under a fast-track timeline just nine days before the ban was slated to go into effect.

During oral arguments, lawyers for the Biden administration reiterated the argument that TikTok’s Chinese ownership poses a “grave” national security risk for American users.

“ByteDance and its Chinese Communist masters had nine months to sell TikTok before the Sunday deadline. The very fact that Communist China refuses to permit its sale reveals exactly what TikTok is: a communist spy app. The Supreme Court correctly rejected TikTok’s lies and propaganda masquerading as legal arguments,” Sen. Tom Cotton (R-AR) commented.

With days until President Trump takes office, a Biden administration official said enforcement of the TikTok ban would be up to the Trump administration.

Trump is reportedly considering an executive order to suspend the ban for 60-90 days.

From the New York Post:

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Liberal Sonia Sotomayor and conservative Neil Gorsuch filed separate concurring opinions, with Gorsuch writing: “Without doubt, the remedy Congress and the President chose here is dramatic.

Solicitor General Elizabeth Prelogar had argued before the court last week that the Protecting Americans from Foreign Adversary Controlled Applications Act was necessary and that Americans’ free speech could be “unrestricted once TikTok is freed from foreign adversary control.”

The justices agreed, with Gorsuch concluding his concurrence by writing: “Speaking with and in favor of a foreign adversary is one thing. Allowing a foreign adversary to spy on Americans is another.” Congress passed the legislation last April and it was signed into law by Biden, 82, but the retiring commander-in-chief is not expected to enforce it in the final three days of his administration. Instead, Biden will defer the decision to Trump, 78, when he returns to the White House on Monday, a US official told the Associated Press on Thursday.

Under the law, the president can order the Justice Department not to enforce the law for a period of time, or can suspend the divest or ban mandate taking effect for 90 days to allow negotiation with a US-based buyer.

TikTok CEO Shou Zi Chew is planning to attend Trump’s inauguration ceremony on Monday — and the incoming president announced minutes before Friday’s decision that he had discussed the social media app with Chinese President Xi Jinping.

This is a Guest Post from our friends over at 100 Percent Fed Up.

View the original article here.



 

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