Attorney Josh Kolsrud Discusses TikTok Ban with 3TV News

Jan 17, 2025 - AZFamily 3TV News, Phoenix

Supreme Court Upholds TikTok Ban: Insights from Defense Attorney Josh Kolsrud

In a landmark decision this past Friday, the Supreme Court upheld the U.S. government's efforts to ban TikTok, the popular social media platform owned by the China-based company ByteDance. The ruling mandates that TikTok's parent company must sell its U.S. operations by Sunday or face an outright ban in the United States. This decision marks a significant moment in the ongoing dialogue surrounding national security and digital privacy.

 

To shed light on the legal ramifications and future implications of this ruling, Phoenix AZFamily 3TV news interviewed defense attorney Josh Kolsrud. Kolsrud provided a comprehensive analysis of the case, delving into the Supreme Court's stance and the potential pathways forward.

 

The Supreme Court's Rationale

During oral arguments last Friday, the Supreme Court made it abundantly clear that it did not find merit in TikTok’s First Amendment arguments. Instead, the justices framed the issue primarily as one of national security. Kolsrud highlighted that Chief Justice John Roberts made an analogy to the Cold War era, suggesting that just as the U.S. would not permit Russian ownership of major American broadcasters like ABC or NBC during that tense period, the court views China's ownership of social media platforms with similar suspicion.

 

This perspective underscores the court’s prioritization of national security concerns over the free speech implications that TikTok presented. The ruling signifies a decisive stance against foreign ownership of influential American digital platforms, especially those that handle vast amounts of user data.

 

The Trump Administration's Pivot

Kolsrud pointed out an intriguing shift in President Donald Trump's approach. While initially advocating for a strict ban, Trump appears to be pivoting towards a more strategic solution. Given TikTok's substantial user base of approximately 170 million Americans, predominantly young users, an outright ban would have significant repercussions.

 

Instead, Trump seems inclined to facilitate the sale of TikTok to a "friendly" company—one that aligns with his administration's interests. Kolsrud mentioned Elon Musk as a potential candidate, referencing a Wall Street Journal report that suggested China's Communist Party would consider Musk as the only viable buyer. Musk's strong presence in China through Tesla, which recently reported the Tesla Model S as the top-selling electric vehicle in the Chinese market, positions him as a favorable figure in the eyes of Chinese authorities. Furthermore, Musk's reportedly positive relationships with Chinese officials could pave the way for a smoother transaction.

 

Legal and Political Implications

The law in question, enacted in April, grants the sitting president the authority to enforce the ban for a period of 60 to 90 days. With President-elect Donald Trump set to assume the presidency, Kolsrud anticipates that Trump will delay enforcement within the 60 to 90-day window. This delay would provide both TikTok's Chinese parent company and the incoming Trump administration the necessary time to negotiate a sale or an alternative arrangement.

 

Kolsrud also touched upon the strategic timing of the Supreme Court's deadline, which coincidentally falls just one day before Trump's inauguration. He speculated that the Biden administration might have deliberately set the deadline to create political leverage, ensuring that any fallout from the ban could be attributed to Trump rather than their own policies.

 

The Road Ahead

As Kolsrud aptly summarized, "The saga is not over yet." The interplay between legal mandates, executive actions, and international business dynamics makes the future of TikTok in the United States uncertain. Users remain anxious about the app's fate, given its pervasive presence in American digital life.

 

The Supreme Court's decision sets a precedent for how the U.S. might handle similar cases involving foreign-owned tech companies in the future. It underscores the delicate balance between safeguarding national security and preserving the freedoms of speech and expression in the digital age.

 

Conclusion

The Supreme Court's affirmation of the TikTok ban marks a pivotal moment in U.S.-China relations and the broader conversation about technology and national security. As defense attorney Josh Kolsrud elucidates, the legal battle is far from over, with political maneuvers and potential sales negotiations poised to shape the ultimate outcome. For the millions of TikTok users in the United States, the coming weeks will be critical in determining whether they can continue to engage with the platform or face a significant digital disconnect.

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