The Liberty Justice Center (LJC) filed its final reply brief on January 3, urging the U.S. Supreme Court to reject a proposed federal TikTok ban on the grounds that it violates the First Amendment rights of millions of Americans.
With oral arguments scheduled for January 10 and a decision expected before the ban’s implementation date of January 19, the case has rapidly become a pivotal moment for the intersection of national security and free speech.
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The proposed ban, backed by the Biden administration, seeks to prohibit the use of TikTok over alleged national security concerns, including fears of content manipulation and data privacy risks posed by the app’s Chinese parent company, ByteDance.
In its reply brief, LJC challenged the government’s justifications for the ban, arguing that vague claims of national security cannot override the constitutional rights of TikTok’s 170 million U.S. users. The organization filed the case on behalf of BASED Politics, a nonprofit advocating for free speech and limited government.
“The government can’t avoid the First Amendment and shut down the speech of 170 million U.S. TikTok users by just saying the words ‘national security,’” said Jacob Huebert, President of the Liberty Justice Center and lead attorney in the case. “The Supreme Court should reject the government’s arguments, which would set a disturbing precedent that threatens the free speech rights of every American.”
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The legal challenge was initiated in June 2024, when LJC filed its lawsuit on behalf of BASED Politics, claiming that the proposed TikTok ban was an unconstitutional infringement on free speech. After the U.S. Court of Appeals for the District of Columbia Circuit rejected this and other challenges, LJC, along with a group of TikTok creators, filed an emergency petition with the Supreme Court in December.
TikTok and ByteDance also submitted their own petition for certiorari. On December 18, the Supreme Court agreed to hear the case, consolidating multiple challenges and setting oral arguments for January 10. The Court is expected to issue an order shortly thereafter, given the impending January 19 ban implementation date.
Attorney General Merrick Garland defended the ban in a previous filing, citing national security risks tied to potential Chinese influence over TikTok’s content and the handling of user data. Critics, however, argue that the ban represents a sweeping and unprecedented infringement on the First Amendment.
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The Liberty Justice Center contends that alternative measures, such as data security regulations, could address privacy concerns without resorting to a blanket ban. TikTok users and content creators have also warned of significant economic and creative impacts should the ban proceed.
As the January 10 oral arguments approach, all eyes are on the Supreme Court to determine whether the federal government’s national security rationale can justify curbing access to one of the world’s most popular social media platforms.
With a decision expected before the ban’s January 19 implementation, the outcome of this case could set a landmark precedent for future debates over technology, security, and constitutional rights.
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