The 10th Circuit Judgment on the Disagreement of TikTok with a Foreign Adversary: A Defense Response to Bush v. Gore

For more than 170 million Americans, TikTok offers a unique and expansive outlet for expression and means of engagement, according to the court’s unanimous opinion. “But Congress has determined that divestiture is necessary to address its well-supported national security concerns regarding TikTok’s data collection practices and relationship with a foreign adversary.”

Bush v. Gore is just a one-off and is not meant to have greater precedential value, said Chander, talking about the landmark 2000 ruling. “But this will be a very important decision,” he said. “And it gives enormous power to Congress to act on data privacy questions.”

Prelogar, with the federal government, told the court during oral arguments that if the ban takes effect, it might just give the U.S. government enough leverage to convince ByteDance and Chinese regulators to allow the sale of TikTok to an American company or group of U.S. investors.

“I mean, we usually assume that the most effective way to deal with problematic speech is counter speech, and that’s why TikTok has raised a possibility of including a caveat on its app indicating that some content could be covertly manipulated by China?” said Gorsuch.

U.S. Solicitor General Elizabeth Prelogar, representing the federal government, quickly shot that down with this analogy: “Imagine if you walked into a store and I had a sign that said one of 1 million products in this store causes cancer,” she told the court. “That is not going to put you on notice about what product is actually jeopardizing your health.”

The Prevalence of the Biden White House and the Supreme Court’s Decision on a Time-Dependent ByteDance Law

The Biden White House press secretary said that it would be up to the incoming administration to implement the law after the Supreme Court’s ruling. “Given the sheer fact of timing, this administration recognizes that actions to implement the law simply must fall to the next administration, which takes office on Monday,” she said.

Donald Trump is the focus of all of the attention. He wanted the Supreme Court to delay its ruling so that he could get time to work on a solution to the national security concerns.

Indeed, under the law, the president can delay the ban for a 90-day period, but only in the event that progress has been made toward a sale away from ByteDance.

On Friday, Trump posted on his social media platform that he has not made a decision yet. “The Supreme Court decision was expected, and everyone must respect it. My decision on TikTok will be made in the not too distant future, but I must have time to review the situation. Stay tuned!”

She said that if the restrictions take effect, they could fundamentally change the landscape with respect to what ByteDance is willing to consider.

TikTok, a Voice of President Chew, Is Trying to Get Your Attention Out Of The Intention Of Elon Musk?

The president has committed to finding a solution that will keep TikTok available in the US, said Chew in the video. “We are grateful and pleased to have the support of a President who truly understands our platform — one who has used TikTok to express his own thoughts and perspectives, connecting with the world and generating more than 60 billion views of his content in the process.”

The Justice Department had conflicting statements after the ruling. The Supreme Court allowed the Justice Department to prevent the Chinese government from doing anything that would undermine America’s national security. The next phase of this effort will be the implementation and compliance with the law after the law goes into effect on January 19th according to the deputy attorney general.

Several articles this week suggested Chinese officials are at least beginning to think about the idea of selling the app and even considering the idea of recruiting Elon Musk to buy it. So far, nothing has been heard from the Chinese government or ByteDance to suggest they are seriously considering a sale.

TikTok did not immediately respond to a request for comment, but the company reportedly plans to shut down the app for US users on Sunday, the deadline for an extension.

Reply to Gorsuch’s “Comment on the ‘Limit on the Proton’ by Neil Gorsuch in the November 2004 High-Tev Spyglass”

Justice Neil Gorsuch wrote a concurring opinion, saying that the Congress and the president chose a dramatic remedy. I don’t know if this law will succeed in achieving its ends. A foreign adversary may want to replace a lost application with a new one. Less dramatic and more effective solutions may emerge as threats evolve.