By Shirleen Guerra

The Liberty Justice Center filed an emergency petition alongside some TikTok creators, asking the court to halt the Jan. 19 ban until the U.S. Supreme Court gives its final ruling on the legal challenge.

The emergency petition argues that the act violates the First Amendment because it bans all speech on TikTok, even though all, or nearly all, of that speech is constitutionally protected. In particular, the ban would silence BASED Politics Inc., a nonprofit that uses social media platforms, including TikTok, to publish educational content on free markets and individual rights, the petition claims.

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Senior fellow Jeff Kosseff of The Future of Free Speech, a nonpartisan think tank, said TikTok’s operations should remain uninterrupted while the Supreme Court assesses the decision, calling the ban dangerous and misguided.

“The outcome of this case could determine how much control the government has over online speech for decades to come,” Kosseff said.

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Jeff Kosseff is a Non-Resident Senior Fellow for The Future of Free Speech. He writes about online speech, the First Amendment, and Section 230 of the Communications Decency Act.