Supreme Court To Hear TikTok Ban Case
The Supreme Court has granted TikTok’s request for a hearing on the Protecting Americans from Foreign Adversary Controlled Applications (PAFACA) Act. The act bans TikTok in American markets unless the app’s owner, ByteDance (which is 1 percent owned by the Chinese government), divests from the app by January 19. The Supreme Court will hear the case on January 10 to determine whether PAFACA serves a national interest compelling enough that it merits undermining the First and Fifth Amendments.
PAFACA was signed into law on April 24 to address concerns that ByteDance was illegally accessing American users’ data. TikTok challenged the law in the U.S. Court of Appeals for the District of Columbia Circuit two weeks later.
TikTok’s complaint comprises four major challenges to the law: First, it alleges that PAFACA violates the First Amendment by imposing “content- and viewpoint-based restriction[s] on protected speech.” This claim is supported, at least in part, by a report from the House Energy and Commerce Committee, which stated that TikTok “can be used” by adversaries to “push misinformation, disinformation, and propaganda on the American public.” Although the Court of Appeals acknowledged that TikTok has standing under the First Amendment, Senior Judge Douglas Ginsburg held in his opinion that the law “survive[s] constitutional scrutiny.”
Second, TikTok claims the law is an unconstitutional bill of attainder, defined as “legislative punishment, of any form or severity, of specifically designated persons or groups,” as established in United States v. Brown (1965). Third, TikTok says the law singles out the company, and thus violates the Fifth Amendment’s Due Process Clause, by automatically labeling any app run by ByteDance as a foreign adversar
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.
