The U.S. Supreme Court will hear a critical case on Friday, January 10, that could determine the future of TikTok in the United States, with the social media platform facing a potential shutdown by January 19 unless the Court intervenes. The case brings together competing issues of free speech and national security, as TikTok, along with its Chinese parent company ByteDance, argues that a proposed law forcing the app’s sale violates constitutional free speech protections.
TikTok, which has become a global phenomenon with approximately 170 million active users in the U.S., claims that the law—which mandates that ByteDance sell its stake in the company due to national security concerns—would effectively force the app to shut down. The law was passed after President Joe Biden signed a measure in April that received broad bipartisan support from Congress. It specifically targets concerns over TikTok’s ties to China, where ByteDance is based, and fears that the Chinese government could exploit the app to access U.S. user data or spread misinformation.
“The law will take effect on January 19, 2025, and that will shut down TikTok,” the company said in a December 9 filing with the Court. “It will take away one of the nation’s most popular speech platforms for its 170 million users, just days before a presidential inauguration.”
TikTok is hoping the Supreme Court will block or delay the law’s implementation, which would give the company time to reach a political resolution or challenge the law in lower courts. A ruling against TikTok could significantly impact its U.S. operations, potentially rendering the app unavailable for new downloads or updates. Current users would still be able to use the app, but they wouldn’t be able to update it or download it again if they lose access.
National Security Concerns vs. Free Speech
The Biden administration argues that TikTok poses a serious national security threat, as Chinese authorities could potentially access user data or manipulate content on the platform. However, despite these claims, the government has conceded it has no concrete evidence that TikTok has ever been used for spying or information manipulation.
“This is not a speculative concern,” said Solicitor General Elizabeth Prelogar, who will present the government’s defense in front of the justices. “No one can seriously dispute that China’s control over TikTok represents a national security risk.”
TikTok’s defense, however, is rooted in free speech protections enshrined in the First Amendment. Lawyers representing TikTok argue that restricting or banning the app would violate the right to free expression for millions of Americans who use it for entertainment, activism, and business. TikTok has become a vital platform for creators, influencers, and businesses who depend on it for their livelihoods.
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Content creators, who make up a large portion of TikTok’s user base, have expressed concern that a ban would upend their ability to earn income and maintain their audiences. “This is a free speech issue that matters to millions of Americans,” said Stanford Law Professor Jeffrey Fisher, who is representing TikTok’s content creators.
In December, a three-judge panel upheld the law, ruling that the national security concerns outweighed the free speech claims. However, the ruling is under appeal, and the Supreme Court will now have the final say on whether the law will take effect or whether TikTok can remain in operation.
Trump’s Request and Uncertainty Ahead
Adding a layer of complexity to the case is the intervention of President-elect Donald Trump. Though Trump has previously supported a ban on TikTok, his legal team has urged the Supreme Court to delay the law’s implementation, stating that the new administration should have the opportunity to resolve the issue politically.
In an unusual move, Trump’s legal team has argued that the Court should give his incoming administration time to negotiate a solution to the TikTok controversy without immediate legal action. “President Trump alone possesses the consummate dealmaking expertise, the electoral mandate, and the political will to negotiate a resolution,” said D. John Sauer, Trump’s legal advisor, in a legal brief.
Despite these calls for delay, it’s unclear whether the Court will entertain Trump’s request. Legal experts note that such a plea, coming from a president-elect who will take office just days after the decision, is highly unusual and may not have any bearing on the case’s outcome.
The Implications of a Potential Shutdown
If the Supreme Court rules in favor of the law, TikTok could face immediate consequences. Even if the app doesn’t completely disappear from users’ phones, it could lose around one-third of its daily users in the U.S. and suffer a significant drop in advertising revenue, according to TikTok’s filings. However, users would not be able to update the app or download it if the law takes effect, leading to a sharp decline in its accessibility.
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Some legal observers believe the Court could apply strict scrutiny to the law, which often results in laws being overturned if they infringe on fundamental rights like free speech. If that happens, the law could be struck down. Alternatively, the Court may adopt a less rigorous review standard, which could allow the law to stand despite its potential impacts on free speech.
A decision is expected soon, and many are awaiting the outcome with bated breath. This case could have far-reaching implications, not just for TikTok, but for the future of online speech and the regulation of global tech companies in the United States.
As the Court prepares for the pivotal arguments on Friday, the outcome will likely shape the future of one of the most influential social media platforms in the world—and its role in American society.
