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The Supreme Court agreed to hear arguments on whether a bill that could ban TikTok violates the First Amendment. The arguments will take place on January 10th, just over a week before a potential ban could take effect.
While the outcome is far from guaranteed, SCOTUS’ decision to take up the case is a small win for TikTok, which is barreling toward expulsion from the US unless the court throws out or pauses the law, or its China-based parent company ByteDance agrees to sell it in time. The law at the center of the case, the Protecting Americans from Foreign Adversary Controlled Applications Act, seeks to prohibit apps like TikTok from being owned by companies in a set list of foreign adversary countries.
The Department of Justice successfully defended the law as constitutional before the DC Circuit Court of Appeals by arguing the government had a compelling interest in protecting US national security from foreign influence. Congress voted overwhelmingly to pass the bill after classified briefings in which intelligence officials shared concerns over how China could potentially use the app to exert influence over the kinds of content US users see, and potentially access sensitive data — though publicly, the government has not come forward with declassified information showing such dangers are already happening.
This story is developing.