1.10.25 - The Clock App May Be Out of Time
With the January 19th deadline to divest fast approaching, the Supreme Court heard oral arguments challenging the Constitutionality of the ban.
Hey. Nice to meet you. I’m a telecommunications lawyer and chronically online twenty-something. I write about communications, media, and technology policy.
SCOTUS Doesn’t Buy Argument That Tik Tok Ban Is Content-Based Speech Restriction for Based Content
If there’s one topic I’ve been asked about this year, it’s what’s going to happen with TikTok following the April passage of the Protecting Americans from Foreign Adversary Controlled Applications Act. People in my life across all ages love TikTok. I made sure to learn the Apple Dance before I donned my Charli XCX wig for Halloween. It’s my first stop for any question about beauty or fashion.
Beyond being entertaining and lifestyle-enhancing, TikTok is playing a real role in the United States economy and information landscape. Pew Estimates about 50% of users under 30 are using TikTok to keep up with news and politics. Business owners and influencers earn income through their TikTok platforms, with TikTok estimating that their app drove $15 billion in revenue for U.S. small businesses in 2023.
Yet, the U.S. Senate voted 79 to 18 to pass the bill that would ban TikTok. Under the Act, TikTok’s China-based parent company, ByteDance, has until January 19th to divest or it will be pulled from U.S. app stores and blocked from web hosting. It’s come with no shortage of opposition from ByteDance, who has argued that the ban would be unconstitutional on First Amendment grounds. With the U.S. Court of Appeals for the District of Columbia Circuit rejecting the First Amendment Challenge and upholding the law, ByteDance’s last hope is the Supreme Court who heard arguments Friday morning.
I won’t hide the ball- I’m very in favor of the ban. There’s a reason the app is banned from government devices in 39 States and it may be in your employer’s technology policy to not have the app on company devices (go double check!). No one disputes the fact that TikTok’s parent company is subject to CCP jurisdiction and that presents security risks. The Government provided examples of ByteDance using TikTok data to surveil journalists and their Brief to the Supreme Court references an additional, sealed record that further details the national security threats posed by ByteDance.
With the question of whether security risks exist not in dispute, the Supreme Court has to decide if requiring ByteDance to divest from TikTok violates the First Amendment by restricting the expression of Americans who use the App, and the expression of TikTok as a platform to prioritize certain content through their proprietary algorithm. In other words: TikTok had to prove that this restriction on speech was sufficiently contradictory to the principles of the First Amendment to outweigh the National Security interests asserted by the government.
I personally have never bought the First Amendment argument and think the only reason TikTok managed to get major organizations like the ACLU to file Amici on their behalf is because our Congress has not had the political willpower to bring internet communications under the same foreign ownership regulations that television and radio broadcasters are subject to. As Solicitor General Elizabeth Pregolar pointed out in her argument - The Communications Act of 1934 specifically cited protecting national security as a reason for the restriction of foreign ownership of radio and television stations. This argument didn’t come up and I can understand why the government wouldn’t want to muddy the waters by asserting this point, but I’d go as far as to say that disclosure and restriction of ownership protects free speech. To the extent we rely on media outlets for information, knowing who is in charge of that information allows us to make informed choices about what we choose to consume and to shape our own opinions.
It’s hard to make the case that the First Amendment must be sacrosanct here when the directive of the law passed by Congress is that a corporate parent divest from a subsidiary. If U.S. users’ rights are the priority of TikTok, why not just sell and continue to operate? That’s exactly what Grindr did. After Grindr was acquired by Beijing Kunlun Tech in 2018, the United States intervened and forced Kunlun to divest due to security concerns, including that Grindr was sharing users’ HIV Statuses with third parties. The sale was completed and Grindr continues to operate. TikTok users, don’t get mad at the Supreme Court or Congress, get mad at TikTok.
We will have to wait for the Court to issue its ruling to know what’s next - we still don’t know if they’ll side with the App or the Government. The questions asked by the Justices strongly indicate that they will not side with TikTok. So what’s next? I’m rattling off what I see as the possibilities right now:
The Supreme Court upholds the ban in its entirety. ByteDance sells to the group Mr. Wonderful has put together OR TikTok remains under ByteDance control and ceases U.S. operation on January 19th.
The Supreme Court strikes down the ban in its entirety. TikTok continues to operate as normal.
The Supreme Court upholds the ban and the Trump Admin does not enforce. That creates a further Constitutional Question as this was an Act passed by Congress, a coequal branch of government. Buckle up!
In the end, the Supreme Court's decision will do more than determine TikTok's fate—it will set a precedent for how we balance national security concerns with the First Amendment in the digital age. While the Court may lean against TikTok, the broader conversation this case sparks is essential. It forces us to reckon with how the U.S. regulates foreign-owned platforms in a globalized, interconnected world where lines between media, technology, and public influence are increasingly blurred.
EXPAND YOUR RAM
Before I started working in the regulatory space, I only knew what “fiber optic” meant from commercials. It’s hard to keep track of all these terms as a professional, let alone someone who just wants to understand all the technology that impacts their daily life. In “EXPAND YOUR R.A.M.” I want to break down words we’ve all heard a million times but maybe have been too afraid to ask about. If you’ve never heard RAM - it stands for “Random Access Memory” and is a computer's short-term memory. We’re learning already.
What is BROADBAND?
Broadband is a high-capacity data transmission technique that enables us to engage in data-intensive activities, such as streaming videos, online gaming, video conferencing, and downloading large files.
The term emerged in the 1990s to market internet that was faster than dial-up and “always on.” But when we talk about “Broadband Expansion,” we’re discussing much more than just faster speeds.
Before broadband, there was dial-up, which connected users to the internet through the public telephone network. Broadband, by contrast, uses a wider range of frequencies to carry more information simultaneously, making it vastly superior. Broadband can travel through various technologies, including:
Fiber-optic cables (uses light to send data)
Coaxial cables (used for cable TV)
Wireless signals (Wi-Fi or mobile data)
Twisted pair cables (used in telephone lines)
Satellite (signals sent to and from space).
While coaxial cable remains the most common broadband connection, fiber-optic subscriptions are on the rise due to their speed and reliability. Meanwhile, satellite broadband services, like Starlink, are making it possible for people in remote areas to access high-speed internet simply by picking up equipment at their local Target.
In short: Broadband is how we transmit data to support modern life, using a range of technologies to deliver high-speed, reliable internet access with greater capacity.
**Now that you're primed, stay tuned for my takes on broadband expansion and what it means for our communities, economies, and infrastructure!
TREND TRANSMIT
I’m all about the internet and the trends that pop up from all corners of it. In TREND TRANSMIT, I’ll share a slice of online culture, breaking down what’s trending and why it matters. Think memes, viral moments, and digital shifts— translated for the professional world as best as any human can.
POP CRAVE - GET NEWS LIKE A GEN Z
What is this: Pop Crave is a platform that has become a go-to for pop culture enthusiasts. It started as a hub for celebrity news and entertainment updates, with a dry, matter-of-fact way of posting that the internet loves. It’s an aspiration to be told you “Stun in a new photo ” by Pop Crave.
It’s reach has grown so much that people sometimes learn breaking events of national importance through the platform - and are quick to laugh at the irony.
Why Do People Like It: I think Pop Crave’s appeal lies in its humor, sense of what’s trending, and its rebellion against traditional media. It delivers celebrity and pop culture updates with a funny, irreverent tone that feels authentic. The casual, matter-of-fact style stands in stark contrast to the polished tone of other outlets, giving it a relatable edge that resonates with a younger, internet-savvy audience.
You can find Pop Crave on X The Platform Formally Known as Twitter. They also have a website, but their X posts are what really earns them their cultural cache.
Faithfully yours,
Jackie