December 12, 2024
TikTok is “very optimistic” that the supreme court is not only going to hear their case – but also will eventually rule the TikTok ban is unconstitutional.
During a TikTok briefing I was part of just moments ago the company’s legal counsel discussed the game plan moving forward.
Andy Pincus who argued TikTok’s case in front of the DC Appeals court back in September said – the appeals court simply got this ruling wrong. He said the three-judge panel did not fully take TikTok’s arguments into consideration and ultimately leaned too heavily on what the government said.
As I reported last week – the Washington DC appeals court ruled that congress had every right to pass the protecting Americans from foreign controlled applications act which established the TikTok ban — and they didn’t need to give anyone a reason why. The law itself says the reason why TikTok was being banned was because congress believes TikTok is a national security threat because of its ties to China.
Andy says – not so fast. He said the supreme court has a looooong history of protecting first amendment rights and that if this law is allowed to stand it would set a dangerous precedent of expanded powers of the federal government that could eventually stifle even more free speech if the government feels like it. He argued that under the current laws – at most – foreign propaganda – if that’s how congress wants to designate TikTok– should be labeled as foreign propaganda. Not banned. Not hidden away. At most – legally – it should just be labeled as foreign propaganda. Andy said this new law ignored that precedent and has taken things waaaaay too far.
So now what? Well – TikTok has asked the DC appeals court to put a temporary pause on TikTok ban scheduled to take effect on January 19th. That way it gives the supreme court time to decide whether the justices want to take this case. The government opposes this. They want the appeals court to stick with its ruling and keep the ban.
Regardless of that ruling, Andy says TikTok is absolutely going to the supreme court to fight this. TikTok wants this law overturned. He says because of the major constitutional questions it raises, because of the incredible number of Americans who will have their free speech impacted if the ban goes through, and because of what he describes as this extremely overbroad new power congress gave itself and the executive branch to shut down speech — he fully believes the supreme court will take this case and will ultimately side with TikTok.
Now – that’s the opinion of the lawyer for TikTok. It is his job to be optimistic. As I have reported before – the Supreme Court does not have to take this case. They are not required to take any case. And even if they do take this case – there is no way of knowing how this conservative super majority will rule.
But here’s the thing – we’re going to know something very soon. We are anticipating a ruling from the DC appeals court on whether it’s willing to pause the ban by next week and once that comes in Andy says TikTok is ready to file an emergency appeal with the supreme court. For the record – he also said if the DC court of appeals does not grant a pause – or injunction – on the ban then TikTok plans to ask the supreme court to do it.
