The Supreme Court upheld the ban on TikTok

Protect Americans from Foreign Adversarial Controlled Applications (PAC) Act: First U.S. Supreme Court Decision on the Defendend TikTok

The Protect Americans From Foreign Adversary Controlled Applications Act can take effect on January 19th, and is direct and direct by the Supreme Court. The court agreed that the government had a compelling national security interest in passing the law and that its rationale was content neutral. The solution that was considered was tailored to meet those ends and would have forced the ByteDance to remove TikTok from the US.

“There is a Bush v. Gore aspect to the decision in that it’s a one-off and not meant to have greater precedential value,” said Chander, referring to the landmark 2000 ruling. This will be a very important decision, he said. “And it gives enormous power to Congress to act on data privacy questions.”

“It is not clear that the Act itself directly regulates protected expressive activity, or conduct with an expressive component,” the opinion reads. Bytedance and TikTok have to meet certain requirements before it can regulate them.

“I mean, don’t we normally assume that the best remedy for problematic speech is counter speech?” said Gorsuch, adding that TikTok has raised the possibility of including a disclaimer on its app indicating that some content could be covertly manipulated by China.

If you walked into a store and saw a sign that said one million products cause cancer, that’s how Elizabeth Prelogar would view it. “That will not alert you to what product is actually endangering your health.”

The Supreme Court’s ruling to ban tiktok in the United States is up to the incoming administration, and when will it affect the litigation?

On Friday following the Supreme Court’s ruling, Biden White House press secretary Karine Jean-Pierre said in a statement that it would be up to the incoming administration to implement the law. “Given the sheer fact of timing, this administration recognizes that actions to implement the law simply must fall to the next administration, which takes office on Monday,” she said.

All eyes are now on President-elect Donald Trump. He filed a brief with the Supreme Court ahead of last week’s oral arguments asking that the justices delay a ruling to provide him time for his administration to cut a “negotiated solution” that would resolve the national security concerns.

The president can delay the ban for ninety days if progress is made towards a sale away from ByteDance.

Trump had declared he intended to save TikTok, but he hadn’t said how he would do it. He asked the public to respect the Supreme Court ruling and said, “My decision on TikTok will be made not too distant future but I must have time to review the situation.” Earlier on Friday, he said he’d spoken with China’s President Xi Jinping about TikTok, among other things, calling it a “very good” call.

“When push comes to shove and these restrictions take effect, I think it will fundamentally change the landscape with respect to what ByteDance is willing to consider, and it might be just the jolt that Congress expected the company would need to actually move forward with the divestiture process,” she said.

“I want to thank President Trump for his commitment to work with us to find a solution that keeps TikTok available in the United States,” Chew says in a video on the platform. The president who supports us is one who has used TikTok to express his own thoughts, connecting with the world, and generating over 60 billion views of his content in the process.

After the ruling, Justice Department officials released their own conflicting statements. Attorney General Merrick Garland praised the Supreme Court for letting the Justice Department “prevent the Chinese government from weaponizing TikTok to undermine America’s national security.” But Deputy Attorney General Lisa Monaco said, “The next phase of this effort — implementing and ensuring compliance with the law after it goes into effect on January 19 — will be a process that plays out over time.”

Tiktok is closed: Why do Chinese officials think it’s OK to sell the iPhone app? Comment on Gorsuch’s opinion

The suggestion that Chinese officials are starting to consider the idea of selling the app or at least trying to get Musk to buy it was part of a flurry of articles this week. We haven’t heard anything from the Chinese government or ByteDance to suggest they’re taking steps toward a sale.

The company that makes Tiktok did not immediately reply to a request for comment, but according to reports, they will shut down the app for US users on Sunday.

“Without doubt, the remedy Congress and the President chose here is dramatic,” Justice Neil Gorsuch wrote in a concurring opinion. I don’t know if the law will succeed in achieving its ends. One lost application might be replaced with another by a foreign adversary. There are less dramatic and more effective solutions that may emerge as time passes.