In a pivotal case for the digital age, the Supreme Court is set to hear arguments on Friday regarding the future of TikTok, a platform used by nearly half of the U.S. population for entertainment and information. The case brings free speech and national security concerns to the forefront.
TikTok has announced plans to shut down its U.S. operations by January 19 unless the Supreme Court intervenes to delay or overturn a law that mandates its sale by its Chinese parent company, ByteDance. The law, signed by President Biden, aims to address national security risks posed by TikTok’s Chinese ownership.
Adding to the complexity, President-elect Donald Trump has requested the court to delay the law’s implementation, allowing his incoming administration time to seek a political resolution. This unusual plea from the president-elect could influence the court’s decision.
TikTok, ByteDance, and content creators argue that the law violates the Constitution’s free speech guarantee. Lawyers for the users and content creators emphasize the significance of the case, noting that it could impact the livelihoods of many and force them to seek alternative platforms.
The Biden administration defends the law, citing national security concerns. Officials argue that Chinese authorities could compel ByteDance to hand over information on TikTok’s U.S. users or manipulate the platform to spread or suppress information. However, TikTok contends that there is no evidence of such actions by China and that restrictions on speech should not be based on hypothetical risks.
In December, a panel of appellate judges upheld the law and rejected the First Amendment claims. The Supreme Court’s decision will come just days before the law is set to take effect and a new administration takes office.
Trump’s legal team has urged the court to temporarily prevent the TikTok ban from going into effect, arguing that Trump has the expertise and political will to negotiate a resolution that addresses national security concerns while preserving the platform.
The justices have allocated two hours for arguments, with three experienced Supreme Court lawyers presenting their cases. Solicitor General Elizabeth Prelogar will defend the law on behalf of the Biden administration, while Noel Francisco will argue for TikTok and ByteDance. Stanford Law professor Jeffrey Fisher will represent content creators and users.
If the law takes effect, TikTok’s U.S. operations could face significant disruptions, potentially losing a substantial portion of its daily users and advertising revenue. The court’s decision will hinge on the level of scrutiny applied to the law, with strict scrutiny being the most rigorous standard.
A decision is expected within days, and the outcome will have far-reaching implications for free speech, national security, and the future of digital platforms in the United States.