TikTok’s attorneys emphasized that a temporary stay of the law would not harm national security, arguing that ByteDance poses no imminent threat. They also claimed the law infringes on free speech by targeting TikTok based on disagreement with its users’ content and alleged editorial practices.
First Amendment at Stake
In its filing, TikTok highlighted the broader implications of the case, asserting that the law unjustly singles out TikTok while ignoring other platforms with similar or greater risks. “Congress has no legitimate interest in interfering with the U.S. ownership of an expressive platform to alter its content,” the company wrote.
The high court’s decision could set a critical precedent for balancing national security concerns against free speech protections, particularly in an era of growing scrutiny over foreign-controlled tech platforms.