The US Supreme Court appears ready to uphold a law banning the TikTok app unless its China-based parent company, ByteDance, sells the platform by January 19. The law has sparked fierce debate, as content creators and TikTok itself argue that the ban would violate free speech protections for its 170 million users in the US.
The legal battle stems from national security concerns, with the US government contending that TikTok could be used by China for spying or political manipulation. In contrast, TikTok maintains that it is not influenced by the Chinese Communist Party and that the proposed ban violates the First Amendment rights of its American users.
The case centers on a law passed with bipartisan support in Congress, which would require ByteDance to either sell TikTok’s US operations or cease them entirely by the deadline. The law does not outright ban the app but would force tech giants like Apple and Google to remove it from their app stores and stop updating it, likely causing the platform to shut down over time.
During arguments before the Supreme Court, TikTok’s lawyer, Noel Francisco, argued that banning the platform would set a dangerous precedent for free speech. “The government cannot restrict speech in order to protect us from speech,” he said.
Jeffrey L. Fisher, a Stanford law professor representing content creators, echoed concerns about censorship, stating that ideas, even those from foreign adversaries, should not be treated as a national security threat.
However, the US government argues that TikTok’s ties to the Chinese government present a clear national security risk. Elizabeth Prelogar, representing the Justice Department, argued that the app could be weaponized by Beijing to harm the US, citing concerns over the data TikTok collects and its potential misuse. Chief Justice John Roberts and Justice Brett Kavanaugh expressed skepticism, raising concerns about Chinese intelligence connections and the data TikTok collects from its users.
The Trump Factor: Former President Donald Trump has urged the court to delay its decision until he assumes office again, advocating for a “political solution” to resolve the issue. TikTok’s lawyer warned that without intervention, the platform could “go dark” on January 19, effectively ending its operation in the US.
Legal experts have speculated that the Supreme Court may lean in favor of the government’s national security concerns. “Traditionally, the Supreme Court has been willing to defer when national security is at stake,” said Carl Tobias, a law professor at the University of Richmond.
Outside the courthouse, TikTok content creators rallied against the potential ban, arguing it would jeopardize their livelihoods. Chloe Joy Sexton, a TikTok creator, said a ban would “destroy both my business and the community” she has built, emphasizing the financial independence it has provided.
The Supreme Court’s ruling is expected soon, and with it, the future of TikTok in the US could be at stake.
