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Justices Elena Kagan and Roberts, as speakers, drew a distinction between TikTok and ByteDance, suggesting that the ban-or-sale law targets ByteDance, as a foreign entity, more in the U.S. than the app itself. It seems TikTok’s lawyer is arguing that any changes to TikTok’s algorithm would still be the app’s decision, not ByteDance’s. “The government’s fear is that China could come in and push TikTok through ByteDance … changing the content mix to make it too pro-Chinese or too anti-American. It’s a content-based charge directly on TikTok,” said Francisco, TikTok’s lawyer.
