The Supreme Court appeared inclined to uphold a controversial law requiring TikTok’s Chinese owner, ByteDance, to divest its U.S. operations or face a nationwide ban of the popular app starting January 19. This decision could affect the app’s 170 million American users and its creators.
During oral arguments, the justices weighed TikTok’s claims that the law infringes on First Amendment rights against national security concerns raised by the government. Chief Justice John Roberts and other justices appeared sympathetic to Congress’ concerns about ByteDance’s potential obligation to comply with Chinese intelligence laws.
Justice Sonia Sotomayor questioned whether the law truly restricted TikTok’s free speech rights since it primarily targets ByteDance’s ownership rather than the platform’s content. Similarly, Justice Brett Kavanaugh acknowledged the strength of national security arguments tied to data collection but noted unresolved questions regarding content moderation.
TikTok and its users argue that the law suppresses free speech and threatens a unique platform for self-expression and creator success. Noel Francisco, TikTok’s lawyer, highlighted the unprecedented nature of Congress attempting to shut down a major speech platform. However, Solicitor General Elizabeth Prelogar countered, suggesting ByteDance might divest under pressure, enabling TikTok to continue operating.
The case has political implications, with President-elect Donald Trump signaling interest in resolving the matter politically after taking office on January 20. Trump has filed a brief urging a temporary block of the law to allow negotiations.
With a preliminary decision expected soon, the case underscores the ongoing tensions between digital platforms, national security, and free speech in the U.S.
