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In a landmark case blending free speech and national security, the U.S. Supreme Court on Friday will tackle the future of TikTok, a platform used by nearly half the country for entertainment and information.
At stake is a law aimed at forcing TikTok’s sale by its Chinese parent company, ByteDance, or facing a shutdown in the United States.
The court’s decision, expected soon, will affect millions of users, content creators, and businesses relying on the platform. TikTok has warned it will shut down U.S. operations by January 19 if the law is not struck down or delayed.
ByteDance and TikTok argue the law violates the First Amendment. “Rarely if ever has the court confronted a free-speech case that matters to so many people,” lawyers for TikTok content creators stated. The Biden administration, defending the law, insists TikTok poses a “grave threat to national security,” citing concerns about potential Chinese government access to user data or content manipulation.
While national security concerns drive the government’s case, TikTok counters that no evidence exists of such interference. “Limits on speech should not be sustained when they stem from fears predicated on future risks,” TikTok argued in its brief.
Adding complexity, President-elect Donald Trump has requested the court delay its decision to allow his administration time to negotiate a political resolution. Trump’s legal team argued he has the “dealmaking expertise” to address national security while preserving TikTok’s operations. Trump himself is an active TikTok user with 14.7 million followers, using the platform to connect with young voters.
Friday’s hearing will feature Solicitor General Elizabeth Prelogar defending the law, while former Trump solicitor general Noel Francisco will argue for TikTok. Representing content creators, Stanford Law professor Jeffrey Fisher is expected to highlight the economic and social disruptions a ban would cause.
TikTok estimates losing one-third of its daily U.S. users if the law takes effect, along with substantial advertising revenue. Content creators face potential losses of income and influence as they explore alternative platforms.
A lower court upheld the law under strict scrutiny, a rigorous standard that often results in laws being overturned. TikTok urges the Supreme Court to do the same.
With a decision due within days, the justices must weigh national security against free speech and economic impact, setting a precedent for government oversight of foreign-owned digital platforms.
