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.
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RESOURCES
Protecting Americans From Foreign Adversary Controlled Applications Act - https://www.congress.gov/bill/118th-congress/house-bill/7521