TikTok content creators gather outside the U.S. Capitol to voice their opposition to a potential ban on the app, highlighting the platform's impact on their livelihoods and communities in Washington D.C. on March 22, 2023.
Lawmakers, Civil Society Groups Urge Supreme Court to Block TikTok Ban
"Banning this social media platform would trample on the constitutional rights of over 170 million Americans."
Update (December 28):
On Friday evening, President-elect Donald Trump filed a brief with the Supreme Court that took no position on whether a ban on TikTok would violate First Amendment rights. Instead, he wrote that he has "consummate deal-making expertise," and as president would be able to "negotiate a resolution to save the platform while addressing the national security concerns expressed by the government."
Trump touted his understanding of social media, noting that he has 14.7 million followers on TikTok. He also said the timing of the impending ban—one day before he takes office–interferes with his "ability to manage the United States’ foreign policy and to pursue a resolution" that will preserve the app in the United States and protect national security.
Earlier:
Ahead of the U.S. Supreme Court's scheduled hearing on social media company TikTok's appeal regarding a ban on the popular platform, three bipartisan lawmakers were among the First Amendment advocates who filed amicus briefs in support of the app on Friday.
Sens. Ed Markey (D-Mass.) and Rand Paul (R-Ky.) were joined by Rep. Ro Khanna (D-Calif.) in asking the court to grant TikTok an emergency injunction to block the Protecting Americans from Foreign Adversary Controlled Applications Act from banning the app on January 19 unless the platform's Chinese parent company sells its stake by then.
The law and its ban on TikTok would "deprive millions of Americans of their First Amendment rights," said the lawmakers.
"The TikTok ban does not survive First Amendment scrutiny," Markey, Paul, and Khanna added. "Its principal justification—preventing covert content manipulation by the Chinese government—reflects a desire to control the content on the TikTok platform and in any event could be achieved through a less restrictive alternative."
The law was signed by President Joe Biden in April over the objections of First Amendment advocates, and a federal appeals court upheld the ban earlier this month. The Supreme Court then agreed to hear TikTok's challenge.
The ACLU, the Center for Democracy & Technology (CDT), and the Freedom of the Press Foundation were among several civil liberties groups that also filed a amicus brief on Friday, arguing that the government has not presented sufficient evidence that the app, which is used by 170 million Americans, causes "ongoing or imminent harm."
Patrick Toomey, deputy director of the ACLU's National Security Project, said the government's attempt to ban Americans from using TikTok, which some creators use to share commentary on geopolitical events as well as weighing in on pop culture and creating humorous videos, is "extraordinary and unprecedented."
"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," Toomey said.
TikTok, he said, is "a unique forum for expression online—and the connections and community that so many have built there cannot be easily replaced. TikTok creators can't simply transfer their audiences and followers to another app, and TikTok users can't simply reassemble the many voices they've discovered on the platform."
At CDT, Free Expression Project director Kate Ruane said the groups' amicus brief "makes clear that national security interests do not diminish protections afforded by the First Amendment and that courts must impose the same rigorous standards to laws that restrict speech."
"It further argues that the D.C. Circuit misapplied strict scrutiny when it failed to significantly examine the government's vague and nonspecific national security justifications for enacting the statute," said Ruane. "In light of the law's sweeping ban on free expression, the coalition's brief argues that the court should block implementation of the Protecting Americans from Foreign Adversary Controlled Applications Act."
We are at a crossroads
This country and this world are at a monumental crossroads. In a few short weeks, US voters will have an opportunity to beat back the forces of fascism and confront the billionaires who are rigging the economy, our media system, and our democracy, making it increasingly impossible for ordinary people to get by. We’re not just talking about the election. We’re talking about what must be done once these fascist elements are vanquished from power. We need a bolder set of solutions than what either major party has so far been willing to offer and a working-class movement ready to fight like hell for it. Trump didn't emerge from nowhere. The conditions that fueled MAGA authoritarianism were created by decades of radical neoliberal economic policies and a corrupt political system dominated by corporate interests. They slashed taxes on the super-rich, promising that the benefits would trickle down. They said giveaways to the corporate titans would make life more affordable for the rest of us. It was all bullshit. And when a bitter, betrayed populace searches for someone to blame, right-wing demagogues have little trouble finding scapegoats. People know when they're being lied to, but you won't hear any of this from the corporate media. Only independent journalism—powered and funded by people who believe in building a better world—can deliver truly trustworthy daily news. Our Fall Campaign is underway, and we need your help. To power our newsroom through the rest of the year, we need to raise $125,000 by midnight on October 31. So if you share our vision, please contribute whatever you can to sustain our work. |
Update (December 28):
On Friday evening, President-elect Donald Trump filed a brief with the Supreme Court that took no position on whether a ban on TikTok would violate First Amendment rights. Instead, he wrote that he has "consummate deal-making expertise," and as president would be able to "negotiate a resolution to save the platform while addressing the national security concerns expressed by the government."
Trump touted his understanding of social media, noting that he has 14.7 million followers on TikTok. He also said the timing of the impending ban—one day before he takes office–interferes with his "ability to manage the United States’ foreign policy and to pursue a resolution" that will preserve the app in the United States and protect national security.
Earlier:
Ahead of the U.S. Supreme Court's scheduled hearing on social media company TikTok's appeal regarding a ban on the popular platform, three bipartisan lawmakers were among the First Amendment advocates who filed amicus briefs in support of the app on Friday.
Sens. Ed Markey (D-Mass.) and Rand Paul (R-Ky.) were joined by Rep. Ro Khanna (D-Calif.) in asking the court to grant TikTok an emergency injunction to block the Protecting Americans from Foreign Adversary Controlled Applications Act from banning the app on January 19 unless the platform's Chinese parent company sells its stake by then.
The law and its ban on TikTok would "deprive millions of Americans of their First Amendment rights," said the lawmakers.
"The TikTok ban does not survive First Amendment scrutiny," Markey, Paul, and Khanna added. "Its principal justification—preventing covert content manipulation by the Chinese government—reflects a desire to control the content on the TikTok platform and in any event could be achieved through a less restrictive alternative."
The law was signed by President Joe Biden in April over the objections of First Amendment advocates, and a federal appeals court upheld the ban earlier this month. The Supreme Court then agreed to hear TikTok's challenge.
The ACLU, the Center for Democracy & Technology (CDT), and the Freedom of the Press Foundation were among several civil liberties groups that also filed a amicus brief on Friday, arguing that the government has not presented sufficient evidence that the app, which is used by 170 million Americans, causes "ongoing or imminent harm."
Patrick Toomey, deputy director of the ACLU's National Security Project, said the government's attempt to ban Americans from using TikTok, which some creators use to share commentary on geopolitical events as well as weighing in on pop culture and creating humorous videos, is "extraordinary and unprecedented."
"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," Toomey said.
TikTok, he said, is "a unique forum for expression online—and the connections and community that so many have built there cannot be easily replaced. TikTok creators can't simply transfer their audiences and followers to another app, and TikTok users can't simply reassemble the many voices they've discovered on the platform."
At CDT, Free Expression Project director Kate Ruane said the groups' amicus brief "makes clear that national security interests do not diminish protections afforded by the First Amendment and that courts must impose the same rigorous standards to laws that restrict speech."
"It further argues that the D.C. Circuit misapplied strict scrutiny when it failed to significantly examine the government's vague and nonspecific national security justifications for enacting the statute," said Ruane. "In light of the law's sweeping ban on free expression, the coalition's brief argues that the court should block implementation of the Protecting Americans from Foreign Adversary Controlled Applications Act."
- 'Flawed and Dangerous': US Appeals Panel Upholds Potential TikTok Ban ›
- 'Blatant Censorship': Critics Blast US House Vote for TikTok Ban ›
- A Court Upheld the TikTok Ban, Proving Trump’s Not the Only Threat to Press Freedom ›
- 'Major Blow to Freedom of Expression': US Supreme Court Upholds TikTok Ban | Common Dreams ›
- As Trump Signs TikTok Order, Critics Sound Alarm Over Corruption and US Propaganda | Common Dreams ›
Update (December 28):
On Friday evening, President-elect Donald Trump filed a brief with the Supreme Court that took no position on whether a ban on TikTok would violate First Amendment rights. Instead, he wrote that he has "consummate deal-making expertise," and as president would be able to "negotiate a resolution to save the platform while addressing the national security concerns expressed by the government."
Trump touted his understanding of social media, noting that he has 14.7 million followers on TikTok. He also said the timing of the impending ban—one day before he takes office–interferes with his "ability to manage the United States’ foreign policy and to pursue a resolution" that will preserve the app in the United States and protect national security.
Earlier:
Ahead of the U.S. Supreme Court's scheduled hearing on social media company TikTok's appeal regarding a ban on the popular platform, three bipartisan lawmakers were among the First Amendment advocates who filed amicus briefs in support of the app on Friday.
Sens. Ed Markey (D-Mass.) and Rand Paul (R-Ky.) were joined by Rep. Ro Khanna (D-Calif.) in asking the court to grant TikTok an emergency injunction to block the Protecting Americans from Foreign Adversary Controlled Applications Act from banning the app on January 19 unless the platform's Chinese parent company sells its stake by then.
The law and its ban on TikTok would "deprive millions of Americans of their First Amendment rights," said the lawmakers.
"The TikTok ban does not survive First Amendment scrutiny," Markey, Paul, and Khanna added. "Its principal justification—preventing covert content manipulation by the Chinese government—reflects a desire to control the content on the TikTok platform and in any event could be achieved through a less restrictive alternative."
The law was signed by President Joe Biden in April over the objections of First Amendment advocates, and a federal appeals court upheld the ban earlier this month. The Supreme Court then agreed to hear TikTok's challenge.
The ACLU, the Center for Democracy & Technology (CDT), and the Freedom of the Press Foundation were among several civil liberties groups that also filed a amicus brief on Friday, arguing that the government has not presented sufficient evidence that the app, which is used by 170 million Americans, causes "ongoing or imminent harm."
Patrick Toomey, deputy director of the ACLU's National Security Project, said the government's attempt to ban Americans from using TikTok, which some creators use to share commentary on geopolitical events as well as weighing in on pop culture and creating humorous videos, is "extraordinary and unprecedented."
"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," Toomey said.
TikTok, he said, is "a unique forum for expression online—and the connections and community that so many have built there cannot be easily replaced. TikTok creators can't simply transfer their audiences and followers to another app, and TikTok users can't simply reassemble the many voices they've discovered on the platform."
At CDT, Free Expression Project director Kate Ruane said the groups' amicus brief "makes clear that national security interests do not diminish protections afforded by the First Amendment and that courts must impose the same rigorous standards to laws that restrict speech."
"It further argues that the D.C. Circuit misapplied strict scrutiny when it failed to significantly examine the government's vague and nonspecific national security justifications for enacting the statute," said Ruane. "In light of the law's sweeping ban on free expression, the coalition's brief argues that the court should block implementation of the Protecting Americans from Foreign Adversary Controlled Applications Act."
- 'Flawed and Dangerous': US Appeals Panel Upholds Potential TikTok Ban ›
- 'Blatant Censorship': Critics Blast US House Vote for TikTok Ban ›
- A Court Upheld the TikTok Ban, Proving Trump’s Not the Only Threat to Press Freedom ›
- 'Major Blow to Freedom of Expression': US Supreme Court Upholds TikTok Ban | Common Dreams ›
- As Trump Signs TikTok Order, Critics Sound Alarm Over Corruption and US Propaganda | Common Dreams ›