A ban on TikTok in the U.S. may soon become a reality: The U.S. Supreme Court hinted at the strong possibility of approving a law prohibiting TikTok’s operations in the country due to security concerns linked to its Chinese ownership. During more than two hours of deliberations, most justices expressed positions supporting the app’s restriction, which has congressional backing.
The law, set to take effect on January 19, requires ByteDance, TikTok’s Chinese parent company, to either sell its U.S. operations or shut down the app’s functionality. Elizabeth Prelogar, the U.S. Solicitor General under the Biden administration, argued during the hearings that an app like TikTok, which serves 170 million users in the U.S., could be used by China as a tool for espionage, employee recruitment, and even blackmail.
Justice Brett Kavanaugh highlighted the concern about data collection on teenagers and young users who may later hold sensitive roles in intelligence agencies or government. "We are talking about information that could be used to exploit and blackmail key individuals in the future," he said.
TikTok argued that the ban infringes on free speech protected under the First Amendment, but many justices expressed doubts about the relevance of this claim. Chief Justice John Roberts stated that the law does not target the speech itself but rather seeks to prevent information collection by a “foreign adversary.” Justice Elena Kagan echoed this view, adding that “the law targets a foreign corporation, which is not entitled to First Amendment protections.”
Despite the strong positions of most justices, Justice Neil Gorsuch expressed concerns about the implications of the ban. "We usually assume that the best way to address problematic speech is with counter-speech," he said, suggesting that warnings to users might have been a more appropriate approach than a complete ban.
Without intervention from the Supreme Court, TikTok could be banned in the U.S. starting January 19. According to the company’s attorney, Noel Francisco, the app would be removed from app stores, and existing users would be unable to update it, making it vulnerable to glitches and cybersecurity threats.
The Supreme Court discussions did not overlook the influence of Donald Trump, the president-elect, who filed a request to delay the law’s enforcement in hopes of negotiating a settlement with TikTok. Despite Prelogar’s assertion that the court could grant a delay, she warned against a scenario where a company defies an active law based on promises of lenient enforcement from the new administration.
The ruling could significantly reshape TikTok usage in the U.S., with far-reaching consequences for users and content creators. While the law emphasizes national security concerns, its effects on free speech and technology remain hotly debated. The Supreme Court’s decision will be closely watched, as it could set a precedent for similar cases in the future.