最高法院同意听取 TikTok 上诉
Supreme Court Agrees To Hear TikTok Appeal

原始链接: https://www.zerohedge.com/political/supreme-court-agrees-hear-tiktok-appeal

12 月 18 日,最高法院同意听取 TikTok 对一项要求在 2025 年 1 月 19 日之前撤资其中国母公司的法律提出的质疑。该法律针对的是外国对手(例如中国共产党政权)拥有或控制的应用程序。国家安全担忧。 TikTok 辩称,该法律针对的是所有权而不是内容,违反了第一修正案。司法部坚称该法律没有侵犯言论自由。 法院将于 2025 年 1 月 10 日听取口头辩论。TikTok 已请求暂停撤资最后期限,以便新政府审查该问题。

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原文

By Catherine Yang of Epoch Times

The U.S. Supreme Court on Dec. 18 agreed to hear TikTok’s case challenging a law requiring its China-based parent company to divest of the app by Jan. 19, 2025.

The court will hear oral arguments on Jan. 10, 2025.

TikTok had challenged the divestment law as unconstitutional under the First Amendment, and a three-judge panel in federal court had upheld the law earlier this month.

TikTok then appealed to the high court asking for a pause of the Jan. 19 deadline and asking it to treat its petition as one for review.

The Supreme Court wrote on Dec. 18 that it will hear arguments in the case before deciding whether to pause the deadline.

When President Joe Biden signed the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA) into law, it started a 270-day countdown for ByteDance to divest of TikTok or else stop operating the app in the United States. The law targets apps owned or controlled by foreign adversaries, in this case, the Chinese communist regime.

The law also allows the president to issue a one-time extension of a maximum of 90 days.

President-elect Donald Trump has suggested he can facilitate a sale of TikTok, which would prevent what TikTok calls a “ban.”  TikTok is arguing the deadline should be paused so the new administration can make the call.

The Justice Department argued the law did not violate the First Amendment because it targeted ownership by a foreign adversary for national security reasons, and that it did not target content.

The Supreme Court directed parties to argue on “whether the Protecting Americans from Foreign Adversary Controlled Applications Act, as applied to petitioners, violates the First Amendment.”

The parties have a Dec. 27 deadline to file opening briefs, and a Jan. 3, 2025, deadline for reply briefs. Amicus briefs have a Dec. 27 deadline. Oral arguments will last two hours.

TikTok argued in its Supreme Court petition that the U.S. Circuit Court of Appeals for the District of Columbia Circuit erred in finding that PAFACA satisfied “strict scrutiny” regarding whether it infringed on the right to free speech and that the court did not properly review the law under that standard.

TikTok’s parent company, ByteDance, and a group of TikTok users argued that PAFACA was used to single out and target a specific speech platform and does not treat other apps equally.

Continue reading at Epoch Times

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