WASHINGTON — The Supreme Court ruled Friday that a controversial ban on TikTok may proceed, rejecting the platform’s argument that the ban violates the First Amendment in a unanimous opinion. The unsigned opinion allows the ban, based on national security concerns, to take effect on Sunday, Jan. 19. No dissents were noted with several justices issuing concurring opinions.
The ruling follows warnings from the Biden administration about the app’s alleged risks due to its ties to China. However, how or whether the government will enforce a ban on a major social media platform remains unclear. The Biden administration has announced that it will leave enforcement of the measure up to the incoming Trump administration. TikTok, for its part, says the app will shutter when the law takes effect.
The Court acknowledged the foundational First Amendment principle that “each person should decide for himself or herself the ideas and beliefs deserving of expression,” quoting “Turner Broadcasting System, Inc. v. FCC” (1994). It noted that content-based regulations of speech are “presumptively unconstitutional” unless narrowly tailored to compelling state interest.
TikTok’s owners argued the law disproportionately targets the app, raising questions about its content neutrality. However, the Court found that the provisions were “facially content neutral” and justified by a rationale unrelated to speech suppression.
“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. For the foregoing reasons, we conclude that the challenged provisions do not violate petitioners’ First Amendment rights,” the Court’s opinion stated.
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Credit: homeaccentstoday.com
