CHARLESTON COUNTY, S.C. (WCIV) — The U.S. TikTok ban is set to take place in late January unless their parent company ByteDance sells to a U.S entity.
On Friday, the justices will hear oral arguments from ByteDance, TikTok and creators who claim the ban would infringe on their First Amendment rights.
ByteDance and TikTok are asking for an injunction. An injunction would put the pending TikTok ban on hold. They are claiming this ban is going to silence 170 million Americans who use the platform. The counterargument from the federal government is that TikTok and ByteDance pose national security threats, and they want to protect the American people from having their sensitive data harvested by foreign entities. Lowcountry lawyer Erin Bailey offered some keen insight into how the First Amendment applies to both parties.
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“International companies do not have protection under the United States Constitution, so they don’t get the First Amendment, freedom of speech,” Bailey explained. “TikTok Inc. is entitled to protections under the First Amendment because they’re a U.S. company. However, ByteDance is incorporated in the Cayman Islands. Bytedance also holds companies located in China. One of those companies in China owns the algorithm that TikTok Inc. uses here in the U.S.”
Bailey says TikTok has helped her practice reach a larger audience.
“I create video content that’s mostly legal educational content,” Bailey said. “I put it out there into the world on TikTok.”
In the last seven days, her content has reached 52,000 people and she has not paid a cent for that ability to reach that many people.
Nicole Fariana, otherwise known as ‘The Charleston Diaries,’ says TikTok helps her share all things Charleston while expanding her brand and career. She believes consumers have steered away from using search engines when it comes to tourism.
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“I turned it into an advertisement opportunity. I started basically product placement, but of my own establishment,” said Wes Denny, the owner. ” We started showcasing the restaurant, the walls, the decorations, and most importantly, we started showcasing the food in all of our TikTok’s.”
Denny said because of the app he’s had lines out the door and waitlists for potential employees. He says they’ll still be around without the app but worries not nearly as many customers will come through his doors.
Supreme Court will begin hearing arguments at 10 am Friday.
