In a high-stakes legal showdown, the U.S. Supreme Court has heard arguments on the controversial law that could effectively ban TikTok across the country. The legislation, signed by President Biden in April 2024, mandates TikTok’s parent company, ByteDance, to divest its U.S. operations by January 19, or face a complete ban.
This session, held just 9 days before the deadline, marks TikTok’s last legal recourse to avoid the ban. During the two-and-a-half-hour hearing, TikTok’s legal team passionately argued that the law violates First Amendment rights, claiming the platform’s algorithm constitutes protected speech. They also emphasized the logistical impossibility of divestment, citing China’s control over the app’s core algorithm.
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Meanwhile, the U.S. government defended the law as a necessary measure to safeguard national security, highlighting concerns about ByteDance’s potential compliance with Chinese government demands. Government lawyers pointed to a “long tradition” of barring foreign ownership of critical communications infrastructure, likening TikTok’s influence to earlier media regulation precedents.
The Supreme Court justices pressed both sides with probing questions. Topics ranged from TikTok’s independence from ByteDance to the legal precedence for regulating corporate structures that influence expressive content. Lawyers for TikTok argued that the app’s speech rights—and those of its creators—deserve high scrutiny, while government lawyers maintained that the law targets national security risks, not content.
If TikTok loses, the app could “go dark” as app stores remove it and access is blocked nationwide. A preliminary injunction from the court could delay the ban, especially with President-elect Donald Trump, who has expressed support for TikTok, taking office the day after the deadline.
With millions of users and creators watching closely, the court’s decision could redefine the boundaries of free speech, digital rights, and national security in the U.S.
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