Lawmakers and Activists Demand Supreme Court Halt TikTok Ban

Update (December 28):

On the evening of Friday, President-elect Donald Trump submitted a legal brief to the Supreme Court stating he was neutral on the question of whether a TikTok ban would infringe on First Amendment rights. Instead, he highlighted his “exceptional skills in negotiation,” promising that his administration could broker a deal to maintain the app’s operations in the U.S. while still addressing the national security issues raised by federal authorities.

Trump emphasized his prowess in using social media, mentioning his 14.7 million TikTok followers. He also expressed concerns about the ban’s timing—just a day before his inauguration—arguing it complicates his incoming administration’s ability to conduct foreign policy and secure a resolution that would both keep the app available in the U.S. and safeguard national security.

Earlier:

As the U.S. Supreme Court prepared to consider the social media company TikTok’s plea against a looming ban, three bipartisan lawmakers joined forces with First Amendment proponents last Friday to submit amicus briefs in support of the app.

Senators Ed Markey (D-Mass.) and Rand Paul (R-Ky.), along with Representative Ro Khanna (D-Calif.), requested the court to issue an emergency injunction to prevent the enforcement of the Protecting Americans from Foreign Adversary Controlled Applications Act, which mandates the ban of TikTok by January 19 unless its Chinese parent company divests its ownership.

The legislators argued that the ban infringes on the First Amendment rights of millions of Americans and fails to withstand First Amendment scrutiny. They pointed out that the primary reason given for the ban—to prevent covert content manipulation by the Chinese government—could be addressed by less restrictive measures without needing to ban the platform outright.

This controversial law was enacted by President Joe Biden in April despite opposition from advocates of free speech, and was later upheld by a federal appeals court earlier this month. The Supreme Court has since agreed to hear TikTok’s challenge against the ban.

Several civil liberties organizations, including the ACLU, the Center for Democracy & Technology (CDT), and the Freedom of the Press Foundation, also filed an amicus brief on Friday. They argued that the government has not provided adequate evidence that the app, which is used by 170 million Americans, poses “ongoing or imminent harm.”

Patrick Toomey, deputy director of the ACLU’s National Security Project, criticized the government’s efforts to prevent Americans from accessing TikTok. He highlighted that the platform is not only a space for creators to engage with important global events but also serves as a hub for cultural discussion and comedy. He emphasized the unique role TikTok plays in online expression and the irreplaceable nature of the communities formed on the platform.

TikTok, according to Toomey, has become an essential venue for personal expression globally, reaching vast audiences during critical moments of social change, conflict, and natural disasters.

At the CDT, Kate Ruane, the director of the Free Expression Project, stated that the groups’ amicus brief underscores that national security concerns do not diminish the protections granted by the First Amendment and that any restrictions on speech must meet rigorous standards. She argued that the court should block the law’s implementation due to its broad suppression of free speech, criticizing the D.C. Circuit for not thoroughly evaluating the vague national security justifications provided by the government for the law.