The US Supreme Court is weighing freedom of speech and national security in the context of the popular TikTok platform. At stake is the future of the app, which is used by about half the country’s population. If the court does not block or delay the new law, TikTok could cease to operate for American users as early as January 19.
Under the law signed by President Joe Biden in April, TikTok’s Chinese owner ByteDance must sell the platform. Otherwise, the app could be banned. “If the court does not intervene, the law would go into effect on January 19, 2025, leading to the closure of TikTok, one of the most popular platforms for more than 170 million [US] users,” CBS News reported.
To make matters worse, nine days before the law goes into effect and 10 days before his inauguration, President-elect Donald Trump called on the Supreme Court to stay the ruling. Despite his previous support for the ban, Trump is offering to give his administration time to find a political solution. “President Trump has the unique experience and political will to negotiate a deal that will save the platform while addressing a difficult national security issue,” Trump’s attorney John Sauer wrote.
As CBS News notes, Trump has not taken a position on the core issues in the case, but he has used TikTok heavily in his campaign to attract a younger audience. He has 14.7 million followers on the app himself, and even met with TikTok CEO Zi Chew at his private Florida residence, Mar-a-Lago, in December.
TikTok, its users, and content creators claim the law violates the freedom of speech guaranteed by the U.S. Constitution. “Rarely has the court been confronted with a free speech case that affects so many people,” the users’ attorneys argue. At the same time, the Biden administration insists that China’s control of TikTok poses a serious threat to national security.
Potential Ban and Ongoing Court Proceedings
The government claims that Chinese authorities can force ByteDance to hand over American user data or use the platform to manipulate information. However, TikTok notes there is still no evidence of such actions. If the law comes into force, TikTok will not disappear immediately in any case, since users will be able to continue using the app, although they will not be able to download updates. At the same time, new users will no longer be able to download TikTok.
It is worth saying that the situation will seriously affect content creators, who risk losing their audience and income. TikTok warns that even a month-long ban will lead to the loss of about a third of the daily audience and significant advertising revenue, adds NIXSOLUTIONS.
Experts note that the new US administration has several ways to avoid the TikTok ban. Specifically, Trump could instruct the Justice Department not to enforce the law or delay its enforcement for 90 days if he can prove to Congress that “significant progress” has been made on the sale of TikTok. Lawyers for TikTok and ByteDance hope that the new leadership will be able to at least soften the harshest provisions of the law.
The court hearing will last several hours, and the parties will present their arguments. The Biden administration will be represented by Solicitor General Elizabeth Prelogar, while TikTok and ByteDance will be represented by Trump’s former Solicitor General Noel Francisco. Users and content creators will be represented by Stanford University professor Jeffrey Fisher.
The court’s decision could be made in the coming days. If the law goes into effect, the US Justice Department will be obliged to enforce it. We’ll keep you updated as the situation develops and new information emerges.