Watch on Deadline
The Supreme Court then slated oral arguments on TikToks emergency petition.
Kavanaugh asked, Is that not a realistic assessment by Congress and the president of the risks here?
Francisco replied, I am not disputing the risks.
Getty
I am disputing the means that they have chosen.
She told the justices that the question would be entirely different if TikTok were an American corporation.
The act doesnt regulate that at all.
So its not saying, You cant have pro-China speech.
You cant have anti-American speech.
Its not regulating the algorithm.
I think TikTok has First Amendment rights.
To the extent that ByteDance is speaking in the United States, it I believe has First Amendment rights.
If you conclude that neither has First Amendment rights, then surely the creators have First Amendment rights.
That cannot possibly be the case, but that is the effect of their position.
Yet Chief Justice John Roberts expressed doubts over the laws impact on the First Amendment.
I dont have one at my fingertips, Francisco said.
The Supreme Court is likely to quickly rule in the case, given the timeline.
He will be the next day.
If they do, I would say they are winning.
