The Supreme Court threw TikTok a potential lifeline on Wednesday when it agreed to quickly hear the company’s challenge to a law requiring it be sold or face a ban in the U.S. next month.
But the short-form video app and its Chinese parent company, ByteDance, still have the tough task of convincing the Supreme Court to overturn an appeals court’s decision that national security concerns outweigh the law’s infringement of free speech rights.
“This is the sort of government regulation of speech that the First Amendment is intended to prevent,” said Gus Hurwitz, a senior fellow at the University of Pennsylvania Carey Law School. “But this is the set of facts and circumstances where the court is most likely to nonetheless allow that regulation.”
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