The Supreme Court convened Friday to hear arguments over a contentious law that could lead to the banning of TikTok in the United States.
The law is passed with bipartisan support in Congress, mandates that TikTok’s Chinese parent company, ByteDance, divest its U.S. operations by January 19, or face a complete ban.
The law, which has been framed as a national security safeguard, is being challenged on First Amendment grounds by TikTok, its users, and content creators.
The stakes are high for the 170 million Americans who use the platform, as well as for small businesses, influencers, and policymakers grappling with balancing free speech against security concerns.
National Security Concerns
The Biden administration (U.S. government) argues that TikTok poses a significant national security risk because its Chinese ownership could allow Beijing to access sensitive user data or manipulate the app’s algorithm to influence public opinion.
Solicitor General Elizabeth Prelogar, representing the Biden administration, emphasized these concerns during oral arguments, stating, “Americans believe they are engaging in organic communication on TikTok, but the Chinese government could exploit this platform for covert influence operations.”
Prelogar pointed to instances where TikTok’s parent company allegedly surveilled journalists, arguing that ByteDance’s control creates vulnerabilities too serious to ignore.
First Amendment Challenges
TikTok’s legal team, led by former Solicitor General Noel Francisco, countered that the law violates the First Amendment by targeting TikTok based on its content and unique algorithm. Francisco argued that the law sets a dangerous precedent, likening the forced divestiture of TikTok to shutting down a major U.S. newspaper.
“This is an unprecedented attempt to silence a major platform for speech,” Francisco said. “The law effectively suppresses the voices of millions of Americans who rely on TikTok to express themselves, share ideas, and build communities.”
However, Chief Justice John Roberts focused on the law’s intent, asserting, “Congress doesn’t care about what’s on TikTok. They care about China controlling TikTok.”
Impact on Users and Businesses
For TikTok creators and small businesses, the prospect of losing the platform is daunting. Jeffrey Fisher, an attorney representing TikTok users, highlighted the harm a ban would inflict, particularly on small business owners who rely on TikTok’s algorithm to reach niche audiences.
“Other platforms cannot replicate the environment that TikTok offers,” Fisher said. “For many creators, TikTok is not just a social media platform, ”it’s their livelihood.”
China prefers TikTok Ban?
Beijing is closely watching the proceedings. China has enacted export control laws preventing ByteDance from selling TikTok’s proprietary algorithm, complicating any potential divestiture.
Observers believe the Chinese government would prefer TikTok to shut down entirely rather than allow it to be sold under U.S. pressure.
State media in China has framed the case as an example of the U.S. using its power to stifle successful Chinese companies, further straining U.S.-China relations.
The final ruling
The Supreme Court is expected to issue a preliminary decision in the coming days. This decision could either block the law temporarily or allow it to take effect while the justices deliberate further. The final ruling on the law’s constitutionality may not come for months.
If the law is upheld, TikTok will face the choice of shutting down its U.S. operations or attempting a divestiture that might be legally and logistically impossible under Chinese regulations.
(with Agency inputs)
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