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🗓️ 13 January 2025
⏱️ 19 minutes
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The Supreme Court heard arguments to uphold the Protecting Americans From Foreign Adversary Controlled Applications Act or strike it down. Elizabeth Prelogar, US Solicitor General, argued that TikTok poses a national security threat and that the ban is necessary to protect American data. Noel Francisco represented TikTok and argued that the ban is unconstitutional and violates the First Amendment rights of its users.
Jeffrey L Fisher, TikTok Creators Representative, also made similar arguments. TikTok argued that its algorithm is an editorial decision and that it is a publisher, not just a host of user-generated content. Could this admission remove Section 230 protection from TikTok? This raises questions about the role of social media platforms in moderating content and the extent to which they can be held liable for the actions of their users.
The outcome of the case could have major implications for the future of TikTok and other social media platforms.
Watch the full coverage: https://youtube.com/live/a6Fkz-BCqjs
RESOURCES
Protecting Americans From Foreign Adversary Controlled Applications Act - https://www.congress.gov/bill/118th-congress/house-bill/7521
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0:00.0 | Welcome back. It's time for a quick bit clip. The full episode will be linked in the description, |
0:05.7 | but this is the quick bit clip to keep you in the loop for everything that's happening on the |
0:11.1 | live stream channel. Let's get into it. Today, we are covering whether or not the TikTok ban is |
0:18.8 | going to get a reprieve or is TikTok out of operation? There are two |
0:23.9 | cases technically on docket today. They've been consolidated. We're going to talk about what that |
0:28.9 | means. We're going to talk about really the heart of this issue. If you've not watched |
0:32.3 | Supreme Court arguments before, we will talk about the different standards you're going to hear |
0:36.8 | about. We'll talk about what they're trying to decide today. |
0:39.8 | But could TikTok cease operations in the United States as of January 19th? |
0:44.7 | Yes, that is a real possibility. |
0:46.9 | Congress of the United States passed an act that is the, and I'm reading this directly |
0:51.7 | because otherwise I'm not going to get it right, the Protecting Americans from Foreign Adversary Controlled Applications Act. |
0:58.3 | So that was passed by Congress. |
1:00.8 | TikTok and a group of creators sued and said, yo, yo, Congress, remember that whole like, |
1:08.1 | you shall pass no law, like First Amendment free speech, this is a speech |
1:13.6 | platform, you can't ban it, what are you doing? Congress said, cute, but this is a foreign-controlled |
1:24.2 | app, and they do not have a free speech right. So, too bad. This wandered through |
1:30.5 | the courts. The courts agreed with Congress and said, yes, this law is constitutional. What is the Supreme |
1:36.9 | Court trying to decide? They are evaluating whether or not the law or the act passed by Congress |
1:42.7 | is constitutional. |
1:44.6 | We will hear argument this morning in case 24-656, TikTok versus Garland and the consolidated case. |
1:52.0 | Mr. Francisco. |
... |
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