Business
Why Google's lobbying in California skyrocketed this year
The 30-second video ad struck an ominous tone, urging Californians to tell their lawmakers to vote against legislation that would force Google, Facebook and other large platforms to pay news publishers.
“It’s a dangerous precedent that will drive up costs for small businesses and make it easier for politicians to raise taxes in the future,” the narrator says in the ad, which ran in June. “With inflation running high, we can’t afford another Sacramento tax increase.”
The ad stated that it was “paid for” by the California Taxpayers Assn., a nonprofit advocacy group, but it really was bankrolled by Google.
Between April and June, the search giant paid the association $1.2 million for advertising, filings to the California secretary of State show. The association confirmed that Google funded the ad campaign against the bill.
Tech companies strongly opposed Assembly Bill 886, known as the California Journalism Preservation Act.
The money appears to have been well spent. Lawmakers put the legislation on hold until 2024.
Google’s payment to the taxpayers group made up most of the record $1.5 million the company spent lobbying California lawmakers and regulators from January to September. During the same period last year, Google spent $187,434. The company spends an average of about $257,000 per year lobbying in California, according to a review of such expenditures from 2005 to 2022.
The massive surge reflects the growing efforts by tech companies to influence California lawmakers as they debate how to protect young people and journalists and other workers from the threats posed by social media sites, artificial intelligence and other emerging technology.
Bob Shrum, a longtime Democratic consultant and director of the Center for the Political Future at the University of Southern California, said political ads are one way companies try to sway lawmakers, but the strategy is not always effective.
Shrum, who listened to the California Taxpayers Assn. ad, said viewers might walk away with the impression that the price of their internet service will go up.
“They skirt the line of being factual,” he said. “At the same time, the ad is anything but a rounded, accurate portrait of what the controversy is all about.”
Google’s spending on lobbying in California outpaced that of Facebook parent company Meta, Amazon, Apple, and other multibillion-dollar companies, data from the California secretary of State show. The search giant’s lobbying spending lagged behind AT&T, Waymo (Google’s self-driving car unit) and McDonald’s, as well as major energy companies like Chevron.
Google’s lobbying efforts went beyond advertising. On June 28, California Gov. Gavin Newsom and two of his top staff members met with Google leaders at the company’s San Francisco office, according to filings to the secretary of State’s office.
A Google representative said the meeting was about the overall legislative landscape; Newsom’s office said it was related to an executive order about artificial intelligence that he went on to sign in September.
State Sen. Ben Allen (D-Santa Monica) also met with Google, the filings showed. Allen’s office said the senator and a legislative director who works on environmental policy toured the tech giant’s Mountain View campus in April to learn about sustainability and waste reduction.
“We regularly engage with lawmakers and regulators on a range of issues, including economic growth, small business support, cybersecurity and protecting online information, among other issues,” Bailey Tomson, a spokesperson for Google, said in a statement.
The company lobbied on a variety of bills during the last legislative session, including measures barring law enforcement demands for Google location data, protecting child safety on social media and regulating artificial intelligence.
One of the company’s biggest priorities: fighting a bill that would require tech giants to negotiate payment to news organizations for stories displayed on their platforms. The online platforms would pay a “journalism usage fee” to certain publishers.
Organizations that support the bill said it would help preserve democracy by funding local news outlets, which are grappling with drastic cuts and layoffs as they compete with tech companies for advertising dollars. Tech companies should pay publishers because they profit from their news content, helping to keep people engaged on their platforms, news advocacy groups such as the California News Publishers Assn. and News/Media Alliance say. (The Los Angeles Times is a member of both organizations and supports the proposed legislation.)
Meta spokesperson Andy Stone said in May that the bill would mostly benefit large publishers. The legislation “fails to recognize that publishers and broadcasters put their content on our platform themselves and that substantial consolidation in California’s local news industry came over 15 years ago, well before Facebook was widely used,” Stone tweeted.
Meta threatened to remove news from its platforms Facebook and Instagram if the California bill becomes law, a move the social media giant used in other countries that passed similar legislation. In 2021, Meta temporarily blocked news in Australia but reversed the decision after reaching a deal with the Australian government. In August, Meta blocked news in Canada.
Debate about AB 886 has continued since the legislative session wrapped in September. On Dec. 5, the California Senate Judiciary Committee held a four-hour hearing about the importance of journalism in the digital age. Chris Argentieri, president and chief operating officer of the L.A. Times, and Matt Pearce, a Times reporter and chair of Media Guild of the West, testified in support of the legislation.
At the hearing, Google Vice President of News Richard Gingras said the search engine helps drive traffic to digital publications and noted that the company also supports journalism in other ways, such as the Google News Initiative, which provides funding, resources and training.
“A link tax as proven elsewhere would be counterproductive, making it more difficult for users to find diverse sources of news, reducing the opportunity for news publishers to build new audiences and making it harder for Google to direct users to helpful content,” Gingras told lawmakers.
The insinuation that payments to news organizations in California would be a new tax has been a pivotal part of video ads against the Journalism Preservation Act. Political ads against AB 886, including the one aired by the California Taxpayers Assn., ran in June and July, when the bill faced a critical deadline in the Senate Judiciary Committee, data from Meta’s ad library show.
Advocacy group News/Media Alliance, which supports AB 886, pushed back against the ads’ claim that lawmakers are trying to impose a tax on tech companies.
“They distort reality, and they do a good job of it, because Google is a massive company with endless resources to be able to spend on creating messaging that’s false,” said Danielle Coffey, president and chief operating operator of the organization.
The California News Publishers Assn. and News/Media Alliance spent $161,519 on lobbying in California from January to September — far less than tech companies spent.
David Kline, a spokesperson for the California Taxpayers Assn., said ads are just one tool lobbyists use if legislation is moving quickly and they need to get the word out to a lot of people. The association’s ad against AB 886 has racked up 2.1 million views on Google-owned YouTube.
“It’s a giant state, where advertising is your only realistic option for doing that, and just by the nature of it, advertising is expensive,” he said. The taxpayers group wasn’t representing only Google but also other members that had concerns about the bill, he added.
Google and Meta are members of the Computer & Communications Industry Assn., which also ran ads against AB 886. From January to September, the trade group spent $1.3 million on lobbying, filings to the secretary of State’s office show.
Matt Schruers, president of the association, said the majority of the spending was related to political advertising.
Lawmakers’ decision to put the bill on hold until next year “is an acknowledgment of the fact that there are serious issues with the proposal and concerns that have yet to be resolved,” Schruers said.
Assemblymember Buffy Wicks (D-Oakland), who sponsored the bill, said political ads are a common strategy in Sacramento, especially by billion-dollar companies. Lawmakers put the bill on hold because it’s important that they get it done “right” rather than quickly, she said.
The extra time also allows lawmakers to see how similar legislation plays out in Canada, she said. Google, after threatening to block news in Canada, struck a deal with the Canadian government in November to pay news businesses $73.5 million annually to comply with a new law that requires tech platforms to pay publishers.
Wicks refuted the idea that the bill would impose a new tax, noting that there’s a different legislative process for tax increases, and it would require more votes.
“When you put out disingenuous ads like that, I assume some members got calls, but I think most members are savvy enough to know it’s just simply not a tax,” she said.
News advocacy groups also used advertising to increase support for the bill, but compared to tech industry spending, it’s “ a drop in the bucket,” Coffey said.
Ads from such groups that ran in October and November on Facebook included the face of Sen. Tom Umberg (D-Orange), the chair of the Senate Judiciary Committee.
“Sen. Tom Umberg has the opportunity to be the hero our democracy needs,” one ad by the California News Publishers Assn. says.
Umberg said he doesn’t spend a lot of time on social media and doesn’t recall seeing the ads. He said the legislation is complex, and he has concerns about how the bill would be enforced, along with its impact on minority groups and local publications, which is why lawmakers put it on hold.
He remains optimistic, though, that the bill will reach the finish line next year, and tech platforms will have “some of their skin in the game.”
“It is my view that there’s going to be a piece of legislation that’s going to get to the governor’s desk that is going to address the issue of the symbiotic relationship between social media and credible journalism,” Umberg said.
Business
Inside Elon Musk’s Plan for DOGE to Slash Government Costs
An unpaid group of billionaires, tech executives and some disciples of Peter Thiel, a powerful Republican donor, are preparing to take up unofficial positions in the U.S. government in the name of cost-cutting.
As President-elect Donald J. Trump’s so-called Department of Government Efficiency girds for battle against “wasteful” spending, it is preparing to dispatch individuals with ties to its co-leaders, Elon Musk and Vivek Ramaswamy, to agencies across the federal government.
After Inauguration Day, the group of Silicon Valley-inflected, wide-eyed recruits will be deployed to Washington’s alphabet soup of agencies. The goal is for most major agencies to eventually have two DOGE representatives as they seek to cut costs like Mr. Musk did at X, his social media platform.
This story is based on interviews with roughly a dozen people who have insight into DOGE’s operations. They spoke to The Times on the condition of anonymity because they were not authorized to speak publicly.
On the eve of Mr. Trump’s presidency, the structure of DOGE is still amorphous and closely held. People involved in the operation say that secrecy and avoiding leaks is paramount, and much of its communication is conducted on Signal, the encrypted messaging app.
Mr. Trump has said the effort would drive “drastic change,” and that the entity would provide outside advice on how to cut wasteful spending. DOGE itself will have no power to cut spending — that authority rests with Congress. Instead, it is expected to provide recommendations for programs and other areas to cut.
But parts of the operation are becoming clear: Many of the executives involved are expecting to do six-month voluntary stints inside the federal government before returning to their high-paying jobs. Mr. Musk has said they will not be paid — a nonstarter for some originally interested tech executives — and have been asked by him to work 80-hour weeks. Some, including possibly Mr. Musk, will be so-called special government employees, a specific category of temporary workers who can only work for the federal government for 130 days or less in a 365-day period.
The representatives will largely be stationed inside federal agencies. After some consideration by top officials, DOGE itself is now unlikely to incorporate as an organized outside entity or nonprofit. Instead, it is likely to exist as more of a brand for an interlinked group of aspirational leaders who are on joint group chats and share a loyalty to Mr. Musk or Mr. Ramaswamy.
“The cynics among us will say, ‘Oh, it’s naïve billionaires stepping into the fray.’ But the other side will say this is a service to the nation that we saw more typically around the founding of the nation,” said Trevor Traina, an entrepreneur who worked in the first Trump administration with associates who have considered joining DOGE.
“The friends I know have huge lives,” Mr. Traina said, “and they’re agreeing to work for free for six months, and leave their families and roll up their sleeves in an attempt to really turn things around. You can view it either way.”
DOGE leaders have told others that the minority of people not detailed to agencies would be housed within the Executive Office of the President at the U.S. Digital Service, which was created in 2014 by former President Barack Obama to “change our government’s approach to technology.”
DOGE is also expected to have an office in the Office of Management and Budget, and officials have also considered forming a think tank outside the government in the future.
Mr. Musk’s friends have been intimately involved in choosing people who are set to be deployed to various agencies. Those who have conducted interviews for DOGE include the Silicon Valley investors Marc Andreessen, Shaun Maguire, Baris Akis and others who have a personal connection to Mr. Musk. Some who have received the Thiel Fellowship, a prestigious grant funded by Mr. Thiel given to those who promise to skip or drop out of college to become entrepreneurs, are involved with programming and operations for DOGE. Brokering an introduction to Mr. Musk or Mr. Ramaswamy, or their inner circles, has been a key way for leaders to be picked for deployment.
That is how the co-founder of Loom, Vinay Hiremath, said he became involved in DOGE in a rare public statement from someone who worked with the entity. In a post this month on his personal blog, Mr. Hiremath described the work that DOGE employees have been doing before he decided against moving to Washington to join the entity.
“After 8 calls with people who all talked fast and sounded very smart, I was added to a number of Signal groups and immediately put to work,” he wrote. “The next 4 weeks of my life consisted of 100s of calls recruiting the smartest people I’ve ever talked to, working on various projects I’m definitely not able to talk about, and learning how completely dysfunctional the government was. It was a blast.”
These recruits are assigned to specific agencies where they are thought to have expertise. Some other DOGE enrollees have come to the attention of Mr. Musk and Mr. Ramaswamy through X. In recent weeks, DOGE’s account on X has posted requests to recruit a “very small number” of full-time salaried positions for engineers and back-office functions like human resources.
The DOGE team, including those paid engineers, is largely working out of a glass building in SpaceX’s downtown office located a few blocks from the White House. Some people close to Mr. Ramaswamy and Mr. Musk hope that these DOGE engineers can use artificial intelligence to find cost-cutting opportunities.
The broader effort is being run by two people with starkly different backgrounds: One is Brad Smith, a health care entrepreneur and former top health official in Mr. Trump’s first White House who is close with Jared Kushner, Mr. Trump’s son-in-law. Mr. Smith has effectively been running DOGE during the transition period, with a particular focus on recruiting, especially for the workers who will be embedded at the agencies.
Mr. Smith has been working closely with Steve Davis, a collaborator of Mr. Musk’s for two decades who is widely seen as working as Mr. Musk’s proxy on all things. Mr. Davis has joined Mr. Musk as he calls experts with questions about the federal budget, for instance.
Other people involved include Matt Luby, Mr. Ramaswamy’s chief of staff and childhood friend; Joanna Wischer, a Trump campaign official; and Rachel Riley, a McKinsey partner who works closely with Mr. Smith.
Mr. Musk’s personal counsel — Chris Gober — and Mr. Ramaswamy’s personal lawyer — Steve Roberts — have been exploring various legal issues regarding the structure of DOGE. James Burnham, a former Justice Department official, is also helping DOGE with legal matters. Bill McGinley, Mr. Trump’s initial pick for White House counsel who was instead named as legal counsel for DOGE, has played a more minimal role.
“DOGE will be a cornerstone of the new administration, helping President Trump deliver his vision of a new golden era,” said James Fishback, the founder of Azoria, an investment firm, and confidant of Mr. Ramaswamy who will be providing outside advice for DOGE.
Despite all this firepower, many budget experts have been deeply skeptical about the effort and its cost-cutting ambitions. Mr. Musk initially said the effort could result in “at least $2 trillion” in cuts from the $6.75 trillion federal budget. But budget experts say that goal would be difficult to achieve without slashing popular programs like Social Security and Medicare, which Mr. Trump has promised not to cut.
Both Mr. Musk and Mr. Ramaswamy have also recast what success might mean. Mr. Ramaswamy emphasized DOGE-led deregulation on X last month, saying that removing regulations could stimulate the economy and that “the success of DOGE can’t be measured through deficit reduction alone.”
And in an interview last week with Mark Penn, the chairman and chief executive of Stagwell, a marketing company, Mr. Musk downplayed the total potential savings.
“We’ll try for $2 trillion — I think that’s like the best-case outcome,” Mr. Musk said. “You kind of have to have some overage. I think if we try for two trillion, we’ve got a good shot at getting one.”
Business
They lost their home insurance policies. Then came the fires
Last year, Francis Bischetti said he learned that the annual cost of the homeowners policy he buys from Farmers Insurance for his Pacific Palisades home was going to soar from $4,500 to $18,000 — an amount he could not possibly afford.
Neither could he get onto California FAIR Plan, which provides fewer benefits, because he said he would have to cut down 10 trees around his roof line to lower the fire risk — something else the 55-year-old personal assistant found too costly to manage.
So he decided he would do what’s called “going bare” — not buying any coverage on his home in the community’s El Medio neighborhood. He figured if he watered his property year round, that might be protection enough given its location south of Sunset Boulevard.
It wasn’t. The home he lived in for nearly all his life burned down Tuesday along with more than 10,000 other homes and structures damaged or destroyed in the worst fire event in the history of Los Angeles. Sixteen deaths have been confirmed countywide.
“It was surrealistic,” he said. “I’ve grown up and lived here off and on for 50 years. I’ve never in my entire time here experienced this.”
Farmers Insurance declined to comment, saying it does not discuss individual policyholders.
‘A train wreck coming down the track’
Bischetti was far from the only homeowner living in Pacific Palisades, Altadena or other fire-prone hillside neighborhoods who struggled to maintain their insurance amid sharply rising costs and the decision by many insurers to reduce their exposure to catastrophic wildfire claims by not renewing the policies of even longtime customers. Many fire victims reported that insurers had dropped their policies last year.
The fires — expected to be among the costliest natural disasters in U.S. history — have deepened a crisis in the state’s home insurance market that was already reeling before the devastation came.
The state’s largest home insurer, State Farm General, announced in March it would not renew 30,000 homeowner and condominium policies — including 1,626 in Pacific Palisades — when they expired.
Chubb and its subsidiaries stopped writing new policies for high-value homes with higher wildfire risk. Allstate has stopped writing new policies, and Tokio Marine America Insurance Co. and Trans Pacific Insurance Co. pulled out of the state, though Mercury Insurance offered to take their customers.
Liberty Mutual was sued last month by a homeowner who accused the insurer of dropping her over a bogus claim that her roof had mold damage.
“Driven by a desire to maximize profits, property casualty insurance companies … have engaged in a troubling trend of dropping California homeowners’ insurance policies like flies,” said the complaint, filed in San Diego County Superior Court. A spokesperson for Liberty Mutual declined to comment on the litigation.
The inability to get coverage is reflected in the number of policies picked up by California FAIR Plan, which as of September had about 452,000 policies, up from a little over 203,000 four years ago. FAIR Plan’s website says its claims exposure is nearly $6 billion in Pacific Palisades alone.
“The situation has been a train wreck coming down the track for a while,” said Rick Dinger, president of Crescenta Valley Insurance, an independent brokerage in Glendale.
Not enough insurance money to rebuild
Peggy Holter spent decades as a television journalist, a peripatetic career that took her all over the world, but there was one place she called home and always returned to: the Pacific Palisades condo she moved into on Jan. 1, 1978. That all changed after Tuesday’s firestorm, when her condo burned to the ground along with the rest of the 36 units in the Palisades Drive complex.
Holter, 83, who only retired last year, is now facing uncertainty after she said State Farm didn’t renew her individual condo insurance, citing the condition of her roof.
But with the loss of her documents she isn’t sure if and when the policy lapsed — and she hadn’t yet secured a new carrier. The insurance typically covers personal belongings and a unit’s interior and provides benefits such as living expenses if a condo becomes unusable.
“I’m not a big keeper of things, but what I did have was a whole wall of pictures and albums of all the places I had been, family photos. I had a picture of my mother on a camel when she was 52 in front of the Sphinx,” Holter recalled. “The only thing I am concerned about is the future, because that is what you have to do.”
Her biggest question is whether she can rebuild. The homeowners association had a master policy from FAIR Plan, which totaled only $20 million. That would pay out only about $550,000 per unit if the complex were not rebuilt — far below the $1 million-plus the condos commanded in recent sales. The land could be sold off to a developer.
Holter, who is now living with her son in the Hollywood Hills, had paid off her condo.
She went back to the complex after the fires died down to get a closer look at the damage. There was nothing left of her unit, but the complex’s koi pond survived, along with the fish.
State Farm has declined to comment on its non-renewals, saying in a recent statement: “Our number one priority right now is the safety of our customers, agents and employees impacted by the fires and assisting our customers in the midst of this tragedy.”
‘We don’t cover anything in California’
Matt Knight considers himself fortunate: He and his family could have lost it all in the Eaton fire, just like Bischetti and Holter in the Palisades fire.
The trouble started last year he said when he received a notice from Safeco Insurance that the policy on his Sonoma Drive home in Altadena, where he lives with his wife and three children, would not be renewed due to a tree overhanging his garage.
The 45-year-old Covina elementary school teacher said he dutifully trimmed the tree only to be told the ivy growing on the garage also was a problem. After removing that, he said he was told he had to fix his damaged stucco, which forced him to paint his house and in the process replace his old roof. Yet he said he still couldn’t get insurance after spending $30,000 on the repairs.
A spokesperson for Safeco, a subsidiary of Liberty Mutual, said the carrier does not comment on individual policyholders.
“So we went looking company after company after company, and some of them would say, ‘No, we don’t cover anything in California.’ Some said, ‘We’re not doing any new policies.’ Some said, ‘No, we don’t do 91001 because it’s in a fire zone, and we were were like, ‘That’s crazy.’”
Just a day before his policy was set to expire last summer, Knight said he finally managed to secure similar coverage with Aegis Insurance. But in the haste to get the policy in force, the home he has lived in for 16 years was left wildly under-insured for less than $300,000. The home is valued at $1.13 million on Zillow.
The ferocious winds that fanned the Eaton fire started a power outage Tuesday evening, so Knight decided to drive his children over to his parents’ home on the other side of Altadena where they could do their homework. From there, he saw the fire start on a street hugging the mountains near what appeared to be a power line.
“Within minutes it was taken up the hillside. It was unbelievable,” he said.
His parents’ home on Roosevelt Avenue escaped the devastation, and throughout the night he drove over to check on his home. By 6 a.m., he had joined a brigade of homeowners to fight the encroaching flames on Sonoma Drive. “The whole neighborhood was there grabbing hoses and fighting fires,” he said.
In the late afternoon, he said, the water ran out for the homeowners and firefighters alike, forcing him and his neighbors to pack up and go. He was sure he would lose his home, but the winds died down.
“I think that was the ultimate good fortune,” he said, though some other neighbors were not so lucky.
Bischetti was not so lucky either.
On Tuesday, when the fires started in the hills and all of his Palisades neighbors started to pack their cars, Bischetti stayed behind to keep hosing down his property, including his lawn, roof, rafters and walls.
“I thought everything would be relatively safe,” he said. “I was sticking around trying to protect the house with water.”
He gradually started packing his car with a change of clothes, one of his guitars, tax papers, property deeds and hard drives from his computer. He left his computer itself back in the house, along with his amps, music equipment and tools.
His entire street was a ghost town by 5 p.m. By then, Bischetti had already watered down his property multiple times. It was dusty and smoky, and a voice in his head told him it was time to go. “I’m going to come back for this tomorrow,” he recalled thinking. “I don’t want to weigh down my car.”
It didn’t work out that way.
Bischetti drove near Palisades High School and saw a house on the corner of the street start to burn down. He then tried going on El Medio Avenue and drove into black smoke, with flames on both sides of his car. He started panicking and realized he couldn’t get through.
After making it to his sister’s home in Mar Vista, he found out from a neighbor that all of the homes on his block had been leveled.
Bischetti said his siblings lost family mementos and photos and he lost thousands of dollars’ worth of tools and musical instruments. They also had spent nearly $4,000 fixing up the home in order to rent out some of the rooms.
Bischetti and his family have signed up for Federal Emergency Management Agency disaster relief funds and are trying to get help with cleaning up the property, which he said could cost at least $10,000.
“I was getting ready for this,” he said of his one-man firefighting efforts. “That was the last hurrah.”
Business
4 Takeaways From the Arguments Before the Supreme Court in the TikTok Case
The Supreme Court on Friday grappled over a law that could determine the fate of TikTok, an enormously popular social media platform that has about 170 million users.
Congress enacted the law out of concern that the app, whose owner is based in China, is susceptible to the influence of the Chinese government and posed a national risk. The measure would effectively ban TikTok from operating in the United States unless its owner, ByteDance, sells it by Jan. 19.
Here are some key takeaways:
The court appeared likely to uphold the law.
While the justices across the ideological spectrum asked tough questions of both sides, the overall tone and thrust appeared to suggest greater skepticism toward the arguments by lawyers for TikTok and its users that the First Amendment barred Congress from enacting the law.
The questioning opened with two conservative members of the court, Justice Clarence Thomas and Chief Justice John G. Roberts Jr., suggesting that it was not TikTok, an American company, but its Chinese parent company, ByteDance, that was directly affected by the law.
Another conservative, Justice Brett M. Kavanaugh, focused on the risk that the Chinese government could use information TikTok is gathering on tens of millions of American teenagers and twentysomethings to eventually “develop spies, turn people, blackmail people” when they grow older and go to work for national security agencies or the military.
Justice Elena Kagan, a liberal, asked why TikTok could not just create or buy another algorithm rather than using ByteDance’s.
And another liberal, Justice Ketanji Brown Jackson, said she believed the law was less about speech than about association. She suggested that barring TikTok from associating with a Chinese company was akin to barring Americans from associating with foreign terrorist groups for national security reasons. (The Supreme Court has upheld that as constitutional.)
Still, several justices were skeptical about a major part of the government’s justification for the law: the risk that China might “covertly” make TikTok manipulate the content shown to Americans or collect user data to achieve its geopolitical aims.
Both Justice Kagan and Justice Neil M. Gorsuch, a conservative, stressed that everybody now knows that China is behind TikTok. They appeared interested in whether the government’s interest in preventing “covert” leveraging of the platform by a foreign adversary could be achieved in a less heavy-handed manner, like appending a label warning users of that risk.
Lawyers for TikTok and for its users argued that the law is unconstitutional.
Two lawyers argued that the law violates the First Amendment: Noel Francisco, representing both TikTok and ByteDance, and Jeffrey Fisher, representing TikTok users. Both suggested that concerns about potential manipulation by the Chinese government of the information American users see on the platform were insufficient to justify the law.
Mr. Francisco contended that the government in a free country “has no valid interest in preventing foreign propaganda” and cannot constitutionally try to keep Americans from being “persuaded by Chinese misinformation.” That is targeting the content of speech, which the First Amendment does not permit, he said.
Mr. Fisher asserted that fears that China might use its control over the platform to promote posts sowing doubts about democracy or pushing pro-China and anti-American views were a weaker justification for interfering in free speech than concerns about foreign terrorism.
“The government just doesn’t get to say ‘national security’ and the case is over,” Mr. Fisher said, adding, “It’s not enough to say ‘national security’ — you have to say ‘what is the real harm?’”
The Biden administration defended Congress’s right to enact the law.
The solicitor general, Elizabeth B. Prelogar, argued that Congress had lawful authority to enact the statute and that it did not violate the First Amendment. She said it was important to recognize that the law leaves speech on TikTok unrestricted once the platform is freed from foreign control.
“All of the same speech that’s happening on TikTok could happen post-divestiture,” she said. “The act doesn’t regulate that at all. So it’s not saying you can’t have pro-China speech, you can’t have anti-American speech. It’s not regulating the algorithm.”
She added: “TikTok, if it were able to do so, could use precisely the same algorithm to display the same content by the same users. All the act is doing is trying to surgically remove the ability of a foreign adversary nation to get our data and to be able to exercise control over the platform.”
The court appears unlikely to wait for Trump.
President-elect Donald J. Trump has asked the Supreme Court to issue an injunction delaying the law from taking effect until after he assumes office on Jan. 20.
Mr. Trump once shared the view that Chinese control of TikTok was an intolerable national security risk, but reversed course around the time he met with a billionaire Republican donor with a stake in its parent company.
If the court does uphold the law, TikTok would effectively be banned in the United States on Jan. 19, Mr. Francisco said. He reiterated a request that the court temporarily pause the law from taking effect to push back that deadline, saying it would “simply buy everybody a little breathing space.” It might be a “different world” for TikTok after Jan. 20, he added.
But there was scant focus by the justices on that idea, suggesting that they did not take it seriously. Mr. Trump’s brief requesting that the court punt the issue past the end of President Biden’s term so he could handle it — signed by his pick to be the next solicitor general, D. John Sauer — was long on rhetoric extolling Mr. Trump, but short on substance.
-
Politics1 week ago
New Orleans attacker had 'remote detonator' for explosives in French Quarter, Biden says
-
Politics1 week ago
Carter's judicial picks reshaped the federal bench across the country
-
Politics1 week ago
Who Are the Recipients of the Presidential Medal of Freedom?
-
Health7 days ago
Ozempic ‘microdosing’ is the new weight-loss trend: Should you try it?
-
World1 week ago
South Korea extends Boeing 737-800 inspections as Jeju Air wreckage lifted
-
Technology3 days ago
Meta is highlighting a splintering global approach to online speech
-
World1 week ago
Weather warnings as freezing temperatures hit United Kingdom
-
News1 week ago
Seeking to heal the country, Jimmy Carter pardoned men who evaded the Vietnam War draft