Noel Francisco, a lawyer representing TikTok and ByteDance, argued that U.S. Supreme Court endorsement of the law could enable statutes targeting other companies on similar grounds
The lawyer for TikTok and its Chinese parent company ByteDance offered a warning during Supreme Court arguments over a law that would compel the sale of the short-video app or ban it in the United States: If Congress could do this to TikTok, it could come after other companies, too.
“AMC movie theatres used to be owned by a Chinese company. Under this theory, Congress could order AMC movie theatres to censor any movies that Congress doesn’t like or promote any movies that Congress wanted,” Francisco told the justices. Jeffrey Fisher, the lawyer representing TikTok content creators who also have challenged the law, noted during the Supreme Court arguments that Congress with this measure was focusing on TikTok and not major Chinese online retailers including Temu.
Solicitor General Elizabeth Prelogar, arguing for the Biden administration in defending the law, said it was crucial that it take effect on Jan. 19 as scheduled in order to force ByteDance to act on divestiture. If the ban takes affect on Jan. 19, Apple and Alphabet’s Google would no longer be able to offer TikTok for downloads for new users but existing users could still access the app. The U.S. government and TikTok agree that app would degrade and eventually become unusable over time because companies would not be able to offer supporting services.
Trump on Dec. 27 urged the court to put a hold on the Jan. 19 deadline to give his incoming administration “the opportunity to pursue a political resolution of the questions at issue in the case.”
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