Garland bites back at Trump’s request to delay TikTok ban – Washington Examiner
The Supreme Court has decided to hear a case regarding a potential ban on TikTok, focusing on whether this ban may infringe upon First Amendment rights. This legal battle arises amid concerns about national security and free speech associated with the social media platform. The case, titled “TikTok v. Garland,” was brought forth as TikTok challenges actions taken by the government that could lead to its prohibition. As public concern grows regarding the implications of the supreme Court’s decision, discussions continue around the balance between regulating technology companies and upholding constitutional rights. The outcome could have significant ramifications not only for TikTok but also for similar social media platforms and free speech rights in general.
For further details, you can refer to the articles from CNN and other news sources covering this critical legal issue: [CNN’s detailed article](https://www.cnn.com/2024/12/18/politics/supreme-court-tiktok-ban/index.html) and relevant updates on public sentiments and court proceedings.
Garland bites back at Trump’s request to delay TikTok ban
The Department of Justice is pushing the Supreme Court to deny President-elect Donald Trump’s request to delay the coming TikTok ban.
Attorney General Merrick Garland cited that the platform is a threat to national security because of its close ties to China.
“TikTok’s collection of reams of sensitive data 2 about 170 million Americans and their contacts makes it a powerful tool for espionage, and TikTok’s role as a key channel of communication makes it a potent weapon for covert influence operations,” Garland said in a brief published Friday.
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The company has refused to separate from its Chinese parent company, ByteDance, and has challenged its ban at several turns. Congress passed a bill earlier this year requiring ByteDance to sell its share in the company or face a nationwide ban.
“So long as TikTok remains subject to the [People’s Republic of China’s] control, the PRC could use those weapons against the United States at any time — for example, at a pivotal moment during a crisis,” the attorney general wrote.
Trump attempted to pull the country back from the brink with a plea to the Supreme Court asking them to delay a ban in order for him to figure out a “political resolution” once he takes office Jan. 20.
The court is set to hear oral arguments Jan. 10 regarding the company’s bid to invalidate the ban. “Fear-mongering about national security cannot obscure the threat that the Act itself poses to all Americans,” TikTok wrote in its Supreme Court appeal.
The primary argument for pro-TikTok advocates is that a ban of the app would violate the First Amendment. Sens. Ed Markey (D-MA), Rand Paul (R-KY) and Rep. Ro Khanna (D-CA) have backed that claim.
The DOJ disagrees.
“That divestiture requirement is entirely consistent with the First Amendment and with our Nation’s tradition of barring or restricting foreign control of communications channels and other critical infrastructure,” Garland wrote. “In arguing otherwise, petitioners portray the Act as an effort to suppress disfavored views.”
“But nothing in the Act would prevent a post-divestiture TikTok from presenting exactly the same content in exactly the same manner,” he continued. “The Act targets control by a foreign adversary, not protected speech.”
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