Washington, DC | www.mpac.org | January 8, 2025 — On Friday, January 10, 2025, the U.S. Supreme Court will hear oral arguments in the highly expedited TikTok Inc. and ByteDance Ltd. v. Merrick B. Garland litigation challenging the federal law banning TikTok. This Act is known as the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA) which was signed into law on April 24, 2024 and could go into effect as early as January 19, 2025.
In advance of the upcoming hearing, MPAC joined a diverse coalition of more than a dozen community and racial justice non-profits in signing onto an amicus brief opposing the Tik Tok ban which was filed with the Supreme Court on December 27, 2024. The coalition effort was led by the powerhouse U.S. law firm of Cooley LLP.
In the brief, MPAC along with the other amici argued that TikTok represents a modern-day digital town square used by 170 million US users to engage in First Amendment-protected speech.The brief argues that if PAFACA is enacted, it would result in a grave injustice by silencing the protected speech of already marginalized communities whose stories are often excluded from traditional media outlets. It also forcefully argues that Tik Tok uniquely empowers minority groups by creating a forum for them to challenge stereotypes perpetuated against their historically underrepresented communities, advocate for civil liberties and other racial and social justice causes, and actively fight back against discrimination and disinformation.
The brief also underscores the pervasive undertones of anti-Asian American sentiment dominating legislative consideration of PAFACA, as well as the US government’s long history of curtailing the constitutional rights of minority groups, including the American Muslim community, based on vague and highly speculative national security concerns.
MPAC remains committed to defending the principles of justice, equality, and freedom of expression for all Americans. We will continue working with our partners to ensure that the rights of marginalized communities are not curtailed under the pretext of national security.
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