TikTok Creators Unite to Oppose Ban as Supreme Court Prepares to Hear Case
TikTok creators are gathering before a press conference to voice their opposition to the “Protecting Americans from Foreign Adversary Controlled Applications Act,” a pending crackdown legislation on TikTok in the House of Representatives, on Capitol Hill in Washington, U.S., March 12, 2024.
The Supreme Court is set to hear oral arguments in the case involving the future of TikTok in the U.S., which could ban the popular app as soon as next week. The justices will consider whether the law that targets TikTok’s ban and imposes harsh civil penalties for app “entities” that continue to carry the service after January 19, 2024, violates the U.S. Constitution’s free speech protections.
The law, if upheld, could ban the roughly 115 million U.S. TikTok monthly active users, who could face a range of scenarios, including being able to post or engage with the app if they already have it downloaded, but being unable to update or redownload the app after January 19, 2024. Thousands of short-form video creators who generate income from TikTok through ad revenue, paid partnerships, merchandise, and more will likely need to transition their businesses to other platforms.
The ban is opposed by TikTok, which claims it is not a national security threat, and hundreds of high-profile amicus briefs from organizations, members of Congress, and President-elect Donald Trump were filed supporting both the government and ByteDance. The government, led by Attorney General Merrick Garland, alleges that until ByteDance divests TikTok, the app remains a “powerful tool for espionage” and a “potent weapon for covert influence operations.”
The case’s outcome will have enormous implications, said Erwin Chemerinsky, dean of Berkeley Law, as it is unprecedented for the government to prohibit platforms for speech, especially one used by so many people. The case will ultimately be a tension between free speech issues and claims of national security. A decision is expected, but it is unclear when it will be issued.