Former Federal Communications Commission (FCC) Chairman Ajit Pai has urged the Supreme Court to uphold a federal law that could potentially ban the popular social media platform TikTok in the United States. This stance positions Pai in opposition to former President Donald Trump, with whom he served, as Trump has requested the law be put on hold.
Pai, along with former Treasury Department official Thomas Feddo, filed a brief to the Supreme Court arguing that the law is constitutional and has precedent. This law mandates that TikTok’s Chinese parent company, ByteDance, divest its ownership to a non-Chinese entity or face a ban in the US.
This legal battle emerged after Congress, citing national security concerns, passed the bipartisan law in April. The law sets a nine-month deadline for ByteDance to sell TikTok or face a prohibition. TikTok has challenged the law, arguing that it infringes on First Amendment rights, and appealed to the Supreme Court after a lower court upheld the legislation.
Notably, Pai's brief contends the law aligns with previous actions taken by the U.S. government regarding Chinese tech companies. Specifically, Pai's legal team highlighted his own efforts during his tenure at the FCC, which included restricting federal funding for companies that used equipment from firms such as Huawei and ZTE. This, according to the brief, demonstrates the precedent for designating companies as national security risks and implementing measures similar to the TikTok law.
While the Supreme Court is scheduled to hear arguments on January 10, the ongoing controversy underscores the complex landscape of tech regulations, free speech issues and national security concerns. The case has attracted significant attention, with multiple groups filing briefs expressing diverse viewpoints. Pai’s involvement, in particular, adds another layer to the debate, as he was a controversial figure during his FCC tenure, known for his efforts to repeal net neutrality rules.
