The TikTok ban is heading to the Supreme Court due to First Amendment challenges. TikTok and its users argue that the law requiring ByteDance to sell TikTok violates their First Amendment rights to operate and use the platform freely. The case involves two separate challenges: one from TikTok itself and another from TikTok users and influencers.
The U.S. has a long-standing rule, dating back to the Radio Act of 1912, that prohibits foreign nationals or companies from owning or operating radio stations. This rule is based on national security concerns, as foreign ownership could allow foreign governments to broadcast propaganda. Similar restrictions apply to other key communications infrastructure, including TV and social media platforms.
TikTok argues that the foreign ownership rule should not apply to them because it was originally designed to allocate limited bandwidth for radio and TV stations, which are finite resources. TikTok claims that social media platforms like theirs do not face the same bandwidth limitations, making the rule irrelevant to their case.
Donald Trump, who initially supported banning TikTok during his presidency, has recently reversed his position. He now opposes the ban, citing the popularity of TikTok among young users and his own political gains from the platform. Trump has expressed concern about the backlash from young voters if TikTok were banned.
The Supreme Court's decision could have significant implications for the First Amendment. If the Court upholds the ban, it could set a precedent allowing the government to restrict foreign ownership of media companies. However, if the Court rules narrowly, it could limit the decision to key communications infrastructure, preserving broader First Amendment protections.
The U.S. government is targeting several Chinese technologies, including drones (notably DJI), connected cars with Chinese software and hardware, LIDAR systems, routers, and biotechnology services. These technologies are seen as potential national security risks due to concerns about data access, market dominance, and reliance on Chinese companies.
Chinese drones, particularly those made by DJI, are under scrutiny due to concerns that they could be used for surveillance and data collection on U.S. critical infrastructure. The U.S. government has also raised concerns about DJI's involvement in human rights abuses, such as the surveillance of Uyghur Muslims in China's Xinjiang region.
Chinese routers, such as those made by TP-Link, are seen as a national security risk because they can be used as entry points for cyberattacks on U.S. infrastructure. These routers often come with vulnerabilities that are not patched, making them easy targets for Chinese hackers to access and exploit U.S. networks.
Banning Chinese technologies could disrupt U.S. markets, as Chinese products are often cheaper and more widely used than American alternatives. While the bans aim to reduce national security risks, they could also create economic vulnerabilities if U.S. companies are unable to fill the void left by Chinese competitors.
The TikTok ban lands at the Supreme Court on Friday. Turns out ByteDance is far from the only Chinese company in the US government’s crosshairs.
This episode was produced by Avishay Artsy and Travis Larchuk, edited by Amina Al-Sadi, fact-checked by Laura Bullard, engineered by Patrick Boyd and Rob Byers, and hosted by Sean Rameswaram.
Transcript at vox.com/today-explained-podcast)
Support Today, Explained by becoming a Vox Member today: http://www.vox.com/members)
Illustration of President Donald Trump expressing support for TikTok in Shanghai, China. CFOTO/Future Publishing via Getty Images.
Learn more about your ad choices. Visit podcastchoices.com/adchoices)