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The Guardian - US
The Guardian - US
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Trevor Timm

The US supreme court’s TikTok case will put free expression on the line

a women wearing a button
‘Historically, the US supreme court has deferred to prosecutors to a depressing extreme when they make secret “national security” claims.’ Photograph: Kevin Dietsch/Getty Images

The US supreme court surprisingly decided, this week, to hear TikTok’s emergency appeal to its imminent ban in the United States. It may be the most important case at the intersection of the first amendment and national security in decades. Whether or not you see China as a nefarious threat, all Americans who care about free expression should worry about the precedent this case could set – and should want the TikTok ban overturned.

After a fifth circuit court of appeals ruling earlier this month, TikTok’s owner, ByteDance, has until 19 January to either sell the popular video-sharing app or face a nationwide ban. The decision stems from Congress passing a law last year that essentially proclaims that if the government says a foreign-owned platform threatens national security, then it can force its sale or censor it.

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