The Supremes

Reading about the judicial system is one thing; witnessing it in action is another.

Thanks to a policy change prompted by the pandemic, I had the opportunity to listen live to the Supreme Court proceedings this morning regarding the law passed earlier this year banning TikTok. It was fascinating to follow how the oral arguments about whether this law violates First Amendment free speech rights developed. Elizabeth B. Prelogar, the US Solicitor General, defended Congress's right to enact the law, while Noel Francisco, representing the company, argued it was unconstitutional.

In stark contrast to the lack of civility in today’s politics, the court’s proceedings were remarkably and refreshingly courteous. The most intriguing aspects were hearing the justices grapple with technology, media manipulation, and national security and observing how both lawyers responded in the moment to their questions. Talk about thinking on your feet in a high-stakes situation!

What I value most is the overall transparency of this step in the process. It’s not clear whether the justices will decide to block the law or not, nor do we have any idea when they’ll choose. Though these discussions will be private, I appreciate how recent events and today’s tech made it possible to accompany the lead-up to their deliberations and gave me a chance to reflect on and consider them for myself.

This case reminds us how the fight for freedom and liberty is ongoing and evolving. While it revolved around arguments about citizens' freedom of speech, concern about this now nearly ubiquitous software speaks to another crucial guarantee in the US Constitution that was not addressed: the right to privacy. How can we ensure that technological advancements are harnessed for good while safeguarding this most fundamental right?

I found Jarek Tuszyński’s photo of the Supreme Court of the United States on Wikimedia Commons.