Court Will Weigh Possible TikTok Ban Just Weeks Before Presidential Election
ForbesJun 21
The Facts
A US federal appeals court unanimously upheld a law requiring Chinese-owned company ByteDance to sell TikTok or face a US ban by Jan. 19, rejecting the company's constitutional challenge.
The three-judge panel ruled that Congress and the president acted within their authority to protect national security from alleged foreign threats, determining the law does not violate First Amendment protections.
The Spin
Pro-establishment narrative
The court’s decision reflects a commonsense approach to addressing the national security concerns posed by Chinese control over Americans' data. By mandating TikTok's sale to an American company, users can continue enjoying the app without disruption while ensuring their privacy is safeguarded. This approach protects personal data and ensures the app remains available, striking a balance between security and user experience.
Establishment-critical narrative
Federal courts are supposed to uphold the Constitution, not aid in its erosion. This ban disguises a dangerous overreach under the guise of national security, cloaking broad censorship powers in vague terms that invite abuse and the suppression of dissent. Much like post-9/11 expansions, it threatens free speech, allowing any app to be shut down by presidential decree. Data security must not come at the expense of constitutional freedoms.
Metaculus Prediction
Public figures in this story
The Controversies
Sign Up for Our Free NewslettersSign Up for Our Free Newsletters
Sign Up!
Sign Up Now!