In a significant legal intervention, state attorneys general from Virginia and Montana have appealed to the Supreme Court to uphold legislation demanding TikTok either divest from Chinese ownership or face a ban.
Fox News reported that the move comes as President-elect Donald Trump seeks to delay the application of the ban until after his upcoming inauguration.
This legal challenge intensifies the battle over TikTok's fate in the U.S., as concerns about data security associated with its Chinese parent company, ByteDance, gain national attention.
The attorneys' brief was filed amid a contentious legal backdrop, with the future of the popular social media platform hanging in the balance.
The filing occurred on the same day President-elect Donald Trump presented his views to the court, suggesting a postponement of the TikTok decision. Trump advocates for deferring the decision until he assumes office, aiming to craft a resolution that upholds national security while potentially saving the platform.
Jason Miyares, the Attorney General of Virginia, and Austin Knudsen, his counterpart in Montana, were at the forefront of this legal push.
Their brief, supported by other state legal officials, demands a decisive separation between TikTok and any influence from the Chinese Communist Party (CCP). They argue that such a move is crucial for the protection of American citizens' data privacy and national security.
"Allowing TikTok to operate in the United States without severing its ties to the Chinese Communist Party exposes Americans to the undeniable risks of having their data accessed and exploited by the Chinese Communist Party," stated Miyares. He emphasized the role of the government in safeguarding the privacy and security of its citizens.
Miyares further highlighted the Constitutional stakes involved, stressing the Supreme Court's role in affirming Congress's authority to defend against foreign threats. He views their decision as integral to ensuring that the First Amendment does not become a protective shield for foreign adversaries' exploitative practices.
Concurrently, President-elect Trump's intervention through a separate brief underscores the complex nature of handling TikTok’s situation.
Steven Cheung, Trump’s spokesperson, elucidated the request, explaining that extending the deadline for TikTok’s shutdown would allow the incoming administration to address the issue comprehensively.
"[The brief asked] the court to extend the deadline that would cause TikTok's imminent shutdown and allow President Trump the opportunity to resolve the issue in a way that saves TikTok and preserves American national security once he resumes office as president of the United States on January 20, 2025," Cheung said.
Cheung emphasized that President-elect Trump, as the incoming Chief Executive, bears a crucial interest and responsibility regarding national security and foreign policy questions. Trump’s plea highlights a concern for maintaining a balance between free speech and the imperatives of national security.
The concerns that triggered these high-stakes legal pleas stem from alarming reports about TikTok’s parent company, ByteDance.
Whistleblowers have accused ByteDance of sharing sensitive data with the CCP, a claim that includes Americans' browsing habits and facial recognition data, raising serious concerns about user privacy and safety.
These allegations have fueled bipartisan concern in the U.S., prompting rigorous scrutiny of TikTok and its operations. The involvement of the attorneys general and the direct appeal to the Supreme Court signify the severe apprehensions about the potential for foreign interference through data exploitation.
The ongoing legal proceedings will determine not just the future of TikTok in America but also set precedents for how the U.S. addresses privacy concerns related to foreign-owned technology companies. As the situation unfolds, all eyes will be on the Supreme Court's response to the powerful arguments presented by both the state attorneys and the President-elect.