The U.S. Supreme Court appears set to uphold a law that could force TikTok’s Chinese parent company, ByteDance, to sell the popular video-sharing platform or face a shutdown in the U.S. The law, signed by President Joe Biden in April, mandates that ByteDance divest from TikTok by January 19, 2025, or the platform will be blocked from U.S. app stores and web hosting services. The law aims to address national security concerns regarding the potential misuse of TikTok’s data by the Chinese government.
During a hearing on Friday, both conservative and liberal justices expressed skepticism about TikTok’s arguments that the law violated First Amendment rights. Justice Samuel Alito questioned whether a foreign adversary like China should have free speech protections in the U.S., suggesting that ByteDance’s control over TikTok could pose a security risk. The law’s primary concern is that China might exploit TikTok to access data on millions of Americans, including teenagers, for intelligence purposes.
Justice Brett Kavanaugh and Chief Justice John Roberts echoed these national security concerns, with Roberts specifically raising the issue of China’s influence over TikTok and the potential for intelligence gathering through the platform. Solicitor General Elizabeth Prelogar, representing the Biden administration, emphasized the grave threat posed by Chinese control, stating that there is no First Amendment protection for foreign adversaries exploiting a speech platform for espionage.
TikTok’s lawyer, Theodore Francisco, argued that the law’s requirement for ByteDance to divest was overly broad and could have considered alternatives to protect American users’ data without targeting the company’s ownership. However, Justice Amy Coney Barrett pointed out that if ByteDance complied with the law and sold TikTok, the case would not be before the court.
In a last-minute development, U.S. billionaire Frank McCourt announced the formation of a consortium to acquire TikTok’s U.S. assets. Despite this, the court’s decision will likely shape future U.S.-China relations, especially with the change in administration set to occur just days after the January deadline.
As the Supreme Court deliberates, the fate of TikTok and its 170 million American users remains uncertain.
