Working on a tight deadline, the justices also have before them a plea from President-elect Donald Trump.
In one of the most important cases of the social media age, free speech and national security collide at the Supreme Court on Friday in arguments over thea wildly popular digital platform that roughly half the people in the United States use for entertainment and information.
“Rarely if ever has the court confronted a free-speech case that matters to so many people,” lawyers for the users and content creators wrote. Content creators are anxiously awaiting a decision that could upend their livelihoods and are eyeing other platforms. Officials say Chinese authorities can compel ByteDance to hand over information on TikTok’s U.S. patrons orBut the government “concedes that it has no evidence China has ever attempted to do so,” TikTok told the justices, adding that limits on speech should not be sustained when they stem from fears that are predicated on future risks.
In language typically seen in a campaign ad rather than a legal brief, lawyers for Trump have called on the court to temporarily prevent the TikTok ban from going into effect but refrain from a definitive resolution. The justices have set aside two hours for arguments, and the session likely will extend well beyond that. Three highly experienced Supreme Court lawyers will be making arguments. Solicitor General Elizabeth Prelogar will present the Biden administration's defense of the law, while Trump’s solicitor general in his first administration, Noel Francisco, will argue on behalf of TikTok and ByteDance.
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