Politics
Supreme Court casts doubt on TikTok's free-speech defense as shutdown law is set to take effect
WASHINGTON — The Supreme Court justices sounded highly skeptical Friday of TikTok’s free-speech defense, signaling they are not likely to strike down the law that could shut down the popular video site the day before President-elect Donald Trump takes the oath of office.
The justices, both conservative and liberal, said Congress was concerned with the Chinese ownership of TikTok and the threat to national security. They also said the law in question was not an effort to restrict the freedom of speech.
“Congress doesn’t care about what’s on TikTok,” said Chief Justice John G. Roberts Jr. “Congress is not fine with a foreign adversary gathering all this data on 170 million Americans. … Are we supposed to ignore the fact that its parent company is subject to doing intelligence work for the Chinese government?”
He said he knew of no court precedent that would call for striking down such a law on 1st Amendment grounds.
In their comments and questions, all the justices appeared to agree.
“This law is targeted at a foreign corporation that doesn’t have 1st Amendment rights,” said Justice Elena Kagan.
“There is a long tradition of preventing foreign ownership or control of media in the United States,” added Justice Brett M. Kavanaugh.
Lawyers for TikTok and many of its creators described the law as an unprecedented attack on the 1st Amendment.
“Shuttering the platform will silence the speech of 170 million monthly American users,” they said.
But Congress and the Biden administration said the Chinese-owned platform gives the government in Beijing access to “vast swaths of data about tens of millions of Americans,” which it “could use for espionage or blackmail.”
The justices agreed to decide TikTok’s 1st Amendment appeal on a fast-track schedule, and they are likely to issue a ruling within a few days.
None of them sounded ready to declare the law unconstitutional.
In recent years, the justices have often struck down federal regulations, usually on the grounds that Congress had not authorized such a far-reaching rule.
But they are wary of striking down an act of Congress, particularly one based on a claim of national security.
The shutdown law is due to take effect on Jan. 19.
“We go dark. The platform shuts down,” TikTok attorney Noel Francisco told the court, if it did not act.
Even if the justices were not ready to strike down the law as unconstitutional, he said they should issue an order that temporarily delays the law from taking effect.
“A short reprieve would make all the sense in the world,” he said, because it would give Trump time to try to work out a deal that could keep TikTok in operation.
In 2020, Trump, in his first term, issued an executive order requiring TikTok to separate itself from Chinese ownership, but it was blocked by courts.
President Biden and Congress took up the issue after receiving classified briefings about the potential threat from ByteDance, the Chinese-controlled company that operates TikTok.
The administration tried and failed to work out a deal that would separate TikTok from Chinese control.
The shutdown law had the support of large bipartisan majorities in the House and Senate, and Biden signed it in April. By its terms the law was due to take effect in 270 days, on Jan. 19.
If the law goes into effect, it would be illegal for service providers such as Google or Apple to “distribute or maintain … a foreign advisory controlled application” in the United States. Violations could result in huge civil fines.
TikTok’s last and best hope may now rest with Trump. He changed his view last year about TikTok, which he said helped him reach young voters.
Two weeks ago, he filed a brief urging the court to stand aside and allow him to make a deal with TikTok’s owners.
None of the justices asked about Trump’s intervention.
The law allows for a one-time extension of up to 90 days if the new president determined there has been “significant progress” toward arranging a “qualified divestiture.”
It is not clear whether Trump could invoke that provision to delay the law from taking effect.
On Wednesday, an investor group spearheaded by former Dodgers owner Frank McCourt submitted an offer to ByteDance for TikTok’s U.S. business. Terms of the deal were not disclosed, and a representative for the group, known as the People’s Bid for TikTok, declined to discuss the state of negotiations with the Chinese company on Friday.
“Our assumption is the Supreme Court will uphold the law, and at that point the only way to preserve TikTok under law will be a divestiture,” said Tomicah Tillemann, president of Project Liberty, a New York-based organization that assembled the bid.
Tillemann said the investment group would rebuild the platform in a way that prioritizes the privacy of TikTok users.
“What we are focused on is providing a clear path forward that will allow for the preservation of the dynamic, vibrant community that is TikTok under American ownership,” Tillemann said.
Politics
Video: U.S. ‘Accelerating’ Military Assault in Iran, Hegseth Says
new video loaded: U.S. ‘Accelerating’ Military Assault in Iran, Hegseth Says
By Christina Kelso
March 4, 2026
Politics
US submarine sinks Iranian warship by torpedo in a first since World War II
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A U.S. submarine sank a prized Iranian warship by torpedo, the first such sinking of an enemy ship since World War II, Secretary of War Pete Hegseth said Wednesday morning.
Hegseth joined Chairman of the Joint Chiefs of Staff Gen. Dan Caine at the Pentagon to provide an update to reporters on “Operation Epic Fury” in Iran.
“An American submarine sunk an Iranian warship that thought it was safe in international waters,” Hegseth said. “Instead, it was sunk by a torpedo. Quiet death. The first sinking of an enemy ship by a torpedo since World War Two. Like in that war, back when we were still the War Department. We are fighting to win.”
Caine said that an Iranian vessel was “effectively neutralized” in a Navy “fast attack” using a single Mark 48 torpedo. He added that the U.S. Navy achieved “immediate effect, sending the warship to the bottom of the sea.”
WATCH HEGSETH’S ANNOUNCEMENT:
Hegseth said that the U.S. Navy sank the Iranian warship, the Soleimani. The flagship was named for Qasem Soleimani, an Iranian military officer who served in the Islamic Revolutionary Guard Corps who the U.S. killed in a January 2020 drone strike during President Donald Trump’s first term.
“The Iranian Navy rests at the bottom of the Persian Gulf. Combat ineffective, decimated, destroyed, defeated. Pick your adjective,” Hegseth said. “In fact, last night we sunk their prize ship, the Soleimani. Looks like POTUS got him twice. Their navy, not a factor. Pick your adjective. It is no more.”
This map shows U.S. and Israeli strikes against Iranian naval forces as of March 1. (Fox News)
Hegseth also told reporters at the briefing that the U.S. and Israel will soon achieve “complete control” over Iranian airspace after Iran’s missile capabilities were drastically diminished in the four days of fighting.
US ‘WINNING DECISIVELY’ AGAINST IRAN, WILL ACHIEVE ‘COMPLETE CONTROL’ OF AIRSPACE WITHIN DAYS, HEGSETH SAYS
“More bombers and more fighters are arriving just today and now, with complete control of the skies, we will be using 500 pound, one thousand pound and 2,000 pound laser-guided precision gravity bombs, of which we have a nearly unlimited stockpile,” he said.
The war has killed more than 1,000 people in Iran and dozens in Lebanon, while U.S. officials said six American troops were killed in a fatal drone strike in Kuwait.
Thousands of travelers have been left stranded across the Middle East.
This map shows security and travel updates for Americans regarding countries in the Middle East region. (Fox News)
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Caine told reporters that the U.S. military is helping thousands of Americans stranded in the Middle East after the U.S. State Department urged citizens to leave more than a dozen countries.
Fox News Digital’s Ashley Carnahan contributed to this report.
Politics
Sen. Padilla preps for Trump trying to seize control of elections via emergency order
Sen. Alex Padilla (D-Calif.) is preparing for President Trump to declare a national emergency in order to seize control of this year’s midterm elections from the states, including by bracing his Senate colleagues for a vote in which they would be forced to either co-sign on the power grab or resist it.
In the wake of reporting last week that conservative activists with connections to the White House were circulating such an order, Padilla sent a letter to his Senate colleagues Friday stating that any such order would be “wildly illegal and unconstitutional,” and would no doubt face “extremely strict scrutiny” in the courts.
“Nevertheless, if the President does escalate his unprecedented assault on our democracy by declaring an election-related emergency, I will swiftly introduce a privileged resolution [and] force a vote in the Senate to terminate the fake emergency,” wrote Padilla, the ranking Democrat on the Senate Committee on Rules and Administration.
Padilla wrote that such an order — which could possibly “include banning mail-in voting, eliminating major voting registration methods, voter purges, and/or new document barriers for registering to vote and voting” — would clearly go beyond Trump’s authority.
“Put simply, no President has the power under the Constitution or any law to take over elections, and no declaration or order can create one out of thin air,” Padilla wrote.
The same day Padilla sent his letter, Trump was asked whether he was considering declaring a national emergency around the midterms. “Who told you that?” he asked — before saying he was not considering such an order.
The White House referred The Times to that exchange when asked Tuesday for comment on Padilla’s letter.
If Trump did declare such an emergency, a “privileged resolution,” as Padilla proposed, would require the full Senate to vote on the record on whether or not to terminate it — forcing any Senate allies of the president to own the policy politically, along with him.
Experts say there is no evidence that U.S. elections are significantly affected or swung by widespread fraud or foreign interference, despite robust efforts by Trump and his allies for years to find it.
Nonetheless, Trump has been emphatic that such fraud is occurring, particularly in blue states such as California that allow for mail-in ballots and do not have strict voter ID laws. He and others in his administration have asserted, again without evidence, that large numbers of noncitizen residents are casting votes and that others are “harvesting” ballots out of the mail and filling them out in bulk.
Soon after taking office, Trump issued an executive order purporting to require voters to show proof of U.S. citizenship before registering and barring the counting of mail-in ballots received after election day, but it was largely blocked by the courts.
Trump’s loyalist Justice Department sued red and blue states across the country for their full voter rolls, but those efforts also have largely been blocked, including in California. The FBI also raided an elections office in Georgia that has been the focus of Trump’s baseless claims that the 2020 presidential election was stolen from him.
Trump is also pushing for the passage of the SAVE Act, a voter ID bill passed by the House, but it has stalled in the Senate.
In recent weeks, Trump has expressed frustration that his demands around voting security have not translated into changes in blue state policies ahead of the upcoming midterm elections, where his shrinking approval could translate into major gains for Democrats.
Last month, Trump wrote on his Truth Social platform, “I have searched the depths of Legal Arguments not yet articulated or vetted on this subject, and will be presenting an irrefutable one in the very near future. There will be Voter I.D. for the Midterm Elections, whether approved by Congress or not!”
Then, last week, the Washington Post reported that a draft executive order being circulated by activists with ties to Trump suggests that unproven claims of Chinese interference in the 2020 election could be used as a pretext to declare an elections emergency granting Trump sweeping authority to unilaterally institute the changes he wants to see in state-run elections.
Election experts said the Constitution is clear that states control and run elections, not with the executive branch.
Democrats have widely denounced any federal takeover of elections by Trump. And some Republicans have expressed similar concerns, including Sen. Mitch McConnell (R-Ky.), who chairs the Senate rules committee.
In the Wall Street Journal last year, McConnell warned against Trump or any Republican president asserting sweeping authority to control elections, in part because Democrats would then be empowered to claim similar authority if and when they retake power.
McConnell’s office referred The Times to that Journal opinion piece when asked about the circulating emergency order and Padilla’s resolution.
Padilla’s office said his resolution would be introduced in response to an emergency declaration by Trump, but hoped it wouldn’t be necessary.
“Instead of trying to evade accountability at the ballot box,” Padilla wrote, “the President should focus on the needs of Americans struggling to pay for groceries, health care, housing and other everyday needs and put these illegal and unconstitutional election orders in the trash can where they belong.”
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