TikTok, Inc. v. Garland, Att'y Gen. (24-656)
argument 24-656TikTok, Inc. v. Garland, Att'y Gen.
Supreme Court of the United States
2h 28m
8 speakers
8 chapters
transcribed 1 month ago
official recording ↗
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What is the opening argument about TikTok’s potential shutdown and the First Amendment?
We will hear argument this morning in case twenty-four six fifty six, TikTok versus
Garland, and the consolidated case. Mr. Francisco. Mr. Chief Justice, and may it please the court. Under the Act, one of America's most popular speech platforms will shut down in nine days. That shouldn't happen for three reasons. First, TikTok Incorporated is a US company speaking in the United States. The Act requires it to go dark unless BiteDance executes a qualified divestiture. Whether you call that a ban or a divestiture, one thing is clear. It's a burden on TikTok speech. So the First Amendment applies. Second, the act is content based from beginning to end. It applies only to social media platforms that have user generated content, except for business, product and travel reviews. Within that content based universe it singles out a single speaker for uniquely harsh treatment.
And it does so because the government fears that China could In the future. indirectly pressure TikTok to disseminate foreign misinformation and propaganda. Finally, the Act can't satisfy any standard of scrutiny. The government has no valid interest in preventing foreign propaganda. And its fallback that it seeks merely to prevent covertness makes no sense, since that could be addressed with a risk disclosure. The government's real target, rather, is the speech itself. It's fear that Americans, even if fully informed, could be persuaded by Chinese misinformation. That, however, is a decision that the First Amendment leaves to the people. Given that the government's data security rationale cannot independently sustain the act.
It is also grossly under inclusive and ignores the most obvious, less restrictive alternative. simply banning TikTok Incorporated from sharing any sensitive user data with anyone. In short, this act should not stand. At a minimum you should preliminarily enjoin it, which will allow you to carefully consider this momentous issue and, for the reasons explained by the President elect, potentially moot the case. I welcome your questions. uh exactly what is uh TikTok's speech here. TikTok, Your Honor, uses an algorithm that, in its view, reflects the best mix of content. What the Act does is it says TikTok cannot do that unless ByteDance executes a qualified divestiture. That's a direct burden on TikTok speech, much less of a burden than the one that this court struck down in the Simon and Schuster case, where all the author had to do was take a certain amount of proceeds and put it into an
escrow account for a short period of time to satisfy a civil judgment.
does a restriction on Bite Dance, uh, which is not a citizen, uh, is not located in the US, a restriction on TikTok.
That because what the law says to TikTok is that TikTok, you cannot use the algorithm that you prefer to use unless BiteDance executes a qualified divestiture. So the law therefore falls directly on TikTok itself. It imposes a burden on TikTok speech, again, a much less a much more significant burden than the one that was struck down in Simon and Schuster. So
you're you're converting the restriction on BiteDance's ownership of the uh algorithm and the company uh uh uh into a restriction on TikTok speech. So why can't we simply look at it as a restriction on byte dance?
Because I think the burden falls directly on TikTok. And I can use a hypothetical that helps illustrate the point. Suppose that China used its leverage over Jeff Bezos' international empire, including his Chinese businesses, to force the Washington Post to write whatever China wanted on the front page of the Post. Surely the government couldn't come in and say, Jeff Bezos, you need to either sell the Washington Post or shut it down. That wouldn't just violate Mr. Bezos' First Amendment rights. That would also violate the Washington Post's First Amendment rights because they are ultimately the one that is suffering the burden under that law because they have to go dark and close up their books.
Council, y you began by saying this is a U.S. company operating in the United States.
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Chapters
8 chapters
1
What is the opening argument about TikTok’s potential shutdown and the First Amendment?
0:00–5:56
2
How does the discussion shift to TikTok’s algorithm, divestiture requirements, and the burden on speech?
5:56–15:23
3
Why do the parties argue about the feasibility of a qualified divestiture within the statutory deadline?
15:23–31:50
4
What are the final arguments regarding strict scrutiny, less‑restrictive alternatives, and the request for a preliminary injunction?
31:50–1:09:49
5
Can Congress rely on an impermissible motive to uphold the TikTok divestiture law?
1:09:49–1:17:51
6
Does the data‑security rationale alone justify the statute?
1:17:51–1:31:36
7
Is the law content‑based or speaker‑based when targeting foreign‑adversary control of TikTok?
1:31:36–2:00:37
8
Can the President or the courts extend the divestiture deadline after the January 19 deadline?
2:00:37–2:28:48