During oral arguments, the justices questioned whether banning TikTok violates free speech or legitimately addresses potential foreign meddling. TikTok insists no covert data misuse exists, while Congress highlights Chinese ties and national security concerns.
In a move that could reshape the American tech landscape, TikTok faces a looming ban in the United States pending a Supreme Court ruling on a law requiring the app to sever ties with its China-based owner, ByteDance, by January 19, 2025. Passed with bipartisan support in April 2024, the law cites concerns over potential foreign influence on an app used by 170 million Americans, roughly half the U.S. population.
During oral arguments on January 10, 2025, the justices pressed attorneys on whether the ban violates First Amendment protections or is instead a legitimate measure to address national security. TikTok’s legal team argued that the government lacks concrete proof of any covert manipulation, while supporters of the ban emphasized the inherent risks posed by foreign ownership. Former Presidents Donald Trump and Joe Biden have both voiced skepticism about TikTok, citing data privacy and content manipulation worries.
Chief Justice John Roberts, highlighting the justices’ predominant concern, posed a direct question:
“Are we supposed to ignore the fact that the ultimate parent is, in fact, subject to doing intelligence work for the Chinese government?”
In response, TikTok’s lawyers insisted the law unfairly targets speech itself and would effectively shut down one of America’s most widely used social media platforms.
“Congress doesn’t care about what’s on TikTok,” Chief Justice John Roberts said. “They don’t care about the expression. That’s shown by the remedy. They’re not saying TikTok has to stop. They’re saying the Chinese have to stop controlling TikTok.”
“So, it’s not a direct burden on the expression at all,” he continued.
Still, conservative Justice Brett Kavanaugh underscored the stakes of potential foreign interference, asking:
“That information over time [could be used] to develop spies, to turn people, to blackmail people—people who a generation from now will be working in the FBI or the CIA or the State Department?”
If the Supreme Court does not intervene before January 19, TikTok will be barred from U.S. app stores, and users will be unable to receive updates. Stakeholders across the political spectrum, including incoming officeholders, have urged caution or a possible postponement to explore a diplomatic resolution. As tensions between Washington and Beijing continue to escalate, the Court’s decision will have far-reaching implications for business operations, U.S.-China relations, and the evolving balance between national security and free speech in the digital era.
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