
TikTok Will Have Its Day In The Court—SCOTUS To Hear Ban Challenge
As the debate over Big Tech’s influence and control rages on, a significant case is now before the Supreme Court that has the potential to reshape the digital landscape. TikTok, a popular social media platform, is challenging the ban imposed by the United States government citing First Amendment rights.
Rob Lalka, a professor at Tulane University’s Freeman School of Business and author of The Venture Alchemists: How Big Tech Turned Profits Into Power, highlighted the unique circumstances surrounding TikTok. He emphasized that while other Big Tech companies share similar characteristics as gatekeepers of culture, commerce, and attention, TikTok is distinct due to its Chinese ownership.
The intelligence community has expressed concerns over the lack of transparency and accountability in TikTok’s operations, which are further exacerbated by its Chinese ties. However, TikTok has argued that any ban violates their First Amendment rights, claiming it would restrict American citizens from accessing a platform that has become an essential part of their daily lives.
Lalka noted that the argument is intriguing given China’s strict censorship policies, stating, “China does not allow free speech for their citizens.” He questioned whether allowing an unregulated Chinese platform to dominate digital lives and influence children is appropriate. It raises questions about protectionism and national security concerns, with Lalka asking, “Do we want to hand unchecked foreign entities even more control?”
The impending Supreme Court decision will have far-reaching implications. If the law upholds the ban, TikTok will be forced to divest from ByteDance or cease operations in the United States. However, if the court strikes down the law, ByteDance will not be required to sell the platform, and the app can continue operating as usual.
The Supreme Court must weigh national security interests against the potential risks of data breaches, should TikTok’s user information fall into the wrong hands. If the ban is upheld, users will face significant disruption, potentially losing access to a platform that has become integral to their daily lives.
It is unlikely that any middle ground can be found due to the high stakes involved. As Professor Lalka noted, “The biggest winners here would be Google and Safari, as they gain control over searches, while the users who monetize TikTok will be the losers.”
Source: www.forbes.com