Insights & Regulatory Updates
TikTok’s Day in Court: Supreme Court Weighs National Security Against First Amendment Rights
On January 10, 2025, the Supreme Court heard arguments in one of the most closely watched cases of the term: whether to uphold a federal law requiring ByteDance, the Chinese parent company of TikTok, to divest from the platform or cease its operations in the United States. At the heart of the case is a collision of First Amendment principles, national security concerns, and the growing influence of foreign-owned technology platforms in American life. Based on the tenor of the arguments, TikTok’s legal challenges appear uphill, with the justices expressing skepticism toward the platform’s defense.
Supreme Court's Landmark Ruling in SEC v. Jarkesy: Implications for SEC Enforcement and Administrative Adjudication
On June 27, 2024, the U.S. Supreme Court issued a groundbreaking opinion in SEC v. Jarkesy, which fundamentally alters the landscape of securities enforcement and administrative adjudication. The Court’s decision unequivocally declared unconstitutional the SEC’s use of its in-house administrative courts to levy civil penalties in securities fraud cases. This ruling not only challenges the SEC’s procedural practices but also raises profound questions about the authority of federal agencies to seek similar forms of administrative relief.