In a critical Supreme Court hearing, lawyers for TikTok and its parent company, ByteDance, cautioned that a recent law could lead to the app’s ban in the United States or require its sale. This law, debated by nine justices on Friday, mandates that ByteDance divest from TikTok by January 19, or face significant national security repercussions.
TikTok’s legal team argues that if Congress can impose such restrictions on their platform, it could set a precedent for other companies as well. They are seeking a delay in the law’s implementation, claiming it violates the First Amendment’s protection of free speech.
Noel Francisco, representing TikTok, highlighted the potential risks of this law, suggesting it could empower Congress to create similar regulations targeting other firms. While some justices expressed concern for the First Amendment implications during the arguments, others appeared to lean towards supporting the law.
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With approximately 170 million users in the U.S.—nearly half of the country’s population—Congress passed the measure last year with significant bipartisan backing over fears that the Chinese government could exploit TikTok for espionage and covert influence. President Biden signed the law, and his administration is actively defending it in court.
The deadline for TikTok’s divestiture coincides with the incoming administration of Republican Donald Trump, who has historically opposed such a ban. Solicitor General Elizabeth Prelogar emphasized the urgency of enforcing the law, stating that foreign adversaries typically won’t relinquish control over such significant communication platforms willingly.
Should the ban come into effect, major app distributors like Apple and Google’s Alphabet would be prohibited from offering TikTok for download to new users, although existing users could still access it. However, without ongoing support from these companies, the app’s functionality would eventually diminish.
Trump has requested that the court pause the January 19 deadline to allow his administration time to explore a political resolution to the ongoing situation.
