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The Supreme Court heard arguments on Friday in a case that could lead to the effective ban of TikTok in the United States. The justices appeared skeptical of the platform’s free speech defense, while some signaled deference to national security concerns raised by the government.
The case involves a bipartisan law mandating that TikTok’s China-based parent company, ByteDance, divest its ownership of the popular app by January 19, or face a shutdown in the U.S. With more than 170 million American users, TikTok argues the law infringes on free speech rights guaranteed by the First Amendment.
While the court seemed inclined to uphold the law, some justices expressed concerns about its broader implications. Chief Justice John Roberts emphasized Congress’s authority in matters of national security, saying, “Are we supposed to ignore the fact that the ultimate parent is, in fact, subject to doing intelligence work for the Chinese government?”
Justice Sonia Sotomayor highlighted whether TikTok’s First Amendment rights are implicated, given that the law targets ByteDance, not TikTok’s operations directly. “If the government is doing something specifically for the purpose of changing the content people see, that has to be subject to strict scrutiny,” she said.
Solicitor General Elizabeth Prelogar, representing the Biden administration, argued the law is necessary to address national security risks tied to TikTok’s data collection practices and potential susceptibility to Chinese government influence. She cited examples of TikTok surveilling journalists and emphasized the risk of ByteDance being compelled to share data with Beijing.
TikTok’s lawyer, Noel Francisco, called the law unprecedented, stating, “I’m not aware of any time in American history where Congress has tried to shut down a major speech platform.” He added that TikTok’s unique algorithm creates an irreplaceable platform for users and content creators.
Jeffrey Fisher, representing TikTok users, argued that creators rely on TikTok’s platform to amplify their voices, and the ban would significantly disrupt their livelihoods.
The justices are expected to issue a preliminary ruling soon, with the law set to take effect on January 19. The case is further complicated by the imminent inauguration of President-elect Donald Trump, who has called for a temporary stay on the law to allow time for a political resolution.
