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The Lawfare Podcast

Lawfare Archive: TikTok Ban at the Supreme Court

The Lawfare Podcast

The Lawfare Institute

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4.76.4K Ratings

🗓️ 22 March 2026

⏱️ 52 minutes

🧾️ Download transcript

Summary

From January 13, 2025: In a live conversation on January 10Lawfare Tarbell Fellow in Artificial Intelligence Kevin Frazier talked to Lawfare Senior Editor Alan Rozenshtein and Senior Staff Attorney at the Knight Institute Ramya Krishnan about the Supreme Court oral arguments over the legislation passed by Congress that bans TikTok unless its parent company ByteDance divests from the app, the arguments made by the different sides, and their predictions about how the Court might rule.

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Transcript

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0:00.0

I'm Marissa Wong, Internet Lawfare, with an episode from the Lawfare

0:14.8

for March 22, 2006. On March 5th, two investors in Alphabet and Meta filed a lawsuit in the D.C. Circuit against

0:24.8

the Trump administration's multiple extensions of the TikTok shutdown and the sale of the social

0:29.7

media platform to a group of American and foreign investors. In their filing, the plaintiffs

0:35.6

alleged that the administration's actions run afoul of the law,

0:39.4

requiring TikTok to either separate from its China-based owner or face a ban in the United States.

0:45.7

For today's archive, I chose an episode from January 13, 2025, in which Kevin Frazier, Alan Rosenstein, and Ramya Krishnannan discussed the oral arguments at the Supreme Court over the banning of TikTok,

0:59.0

the requirements of the law in question, and their predictions on how the justices may rule.

1:05.0

The It's the Lawfare Podcast. I'm Kevin Frazier, Lawfare Tarbell Fellow in Artificial

1:22.4

with Lawfare Senior Editor Alan Rosenstein and Senior Staff Attorney at the Knight Institute,

1:28.3

Romia Krishman.

1:29.3

An injunction is only supposed to issue if the court, certainly when you have a duly enacted

1:34.6

act of Congress, if the court believes that there is a likelihood, I think maybe even a high

1:38.3

likelihood, that the requester will win on the merits, which I don't think anyone thinks.

1:42.3

So I think an injunction is just not on the table.

1:45.2

In a live recording on January 10th, we discussed the Supreme Court oral arguments over the

1:50.0

constitutionality of the TikTok divest or ban legislation, the arguments made in front of the

1:55.8

court, and how the court may rule.

1:58.6

So let's get into the weeds a little bit here. I guess we're all content

2:03.6

manipulators now. We saw that thrown out there. Whose speech is it anyways? Does anyone have eyes

2:12.1

on Jeff Bezos's family members? I'm concerned for their health and well-being, all that and more. We have a lot to

2:18.5

discuss. So let's kick it to Alan first. Alan, for the folks who haven't been in the weeds of this

...

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