A Skeptical Supreme Court Weighs TikTok’s Future in the U.S.
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In a case with far-reaching implications for the future of social media, the Supreme Court today reviewed oral arguments on a federal law that could force TikTok to shut down in the U.S. in about nine days unless the app severs ties with its Chinese parent company, ByteDance. The oral arguments lasted nearly three hours.
The Court reviewed two consolidated cases challenging the law—one filed by TikTok and ByteDance, and another brought by TikTok content creators. At the heart of the case is a clash between TikTok’s defense of free speech and national security concerns raised by the feds.
Arguing on behalf of TikTok was Noel Francisco, with Jeffrey Fisher representing the content creators. Elizabeth Prelogar appeared for the government.
Justices appeared skeptical of TikTok’s arguments, probing how its First Amendment rights apply when the law specifically targets the foreign-owned ByteDance and its algorithm. Meanwhile, they pressed the government on its central argument—that the issue lies in the national security risk of “covert” Chinese government manipulation of content and user data collection.
The court is likely to rule by the end of next week, with the decision impacting nearly 170 million American users who use the app.
Here are the key moments from today’s hearing.
TikTok sale isn’t possible
Justice Elena Kagan pressed TikTok’s Francisco on why TikTok couldn’t divest from ByteDance, pointing out that the statute requires only the foreign parent company to divest, leaving TikTok to “do what every actor in the United States can do, which is go find the best available algorithm.”
TikTok has argued that a sale is impossible due to China’s export restrictions on its algorithm and the law’s prohibition on a U.S. version of TikTok collaborating with ByteDance engineers globally.
Jan. 19th: The date TikTok goes dark
Francisco acknowledged that if TikTok loses the case, the app will effectively shut down on Jan. 19.
“It’s essentially going to stop operating,” he said, adding that TikTok would disappear from app stores and service providers wouldn’t be able to support it. Francisco urged the court to grant a preliminary injunction to “buy everyone a little breathing room.”
Cat videos wont topple national security
Fisher argued that the content recommendation algorithm, which controls the videos users see, is unrelated to data security.
“The government itself is here saying ‘national security’…so like a mix of cat videos or dance videos doesn’t affect national security,” said Fisher. He also pointed out that if data security were truly a priority for Congress, it would have regulated Chinese shopping apps like Shein and Temu.
“What is Congress really worried about these dramatic risks leave out an ecommerce sites like Temu that has 70 million Americans using it?” Fisher said.
Shutdown of TikTok = Shutdown of X?
Fisher focused on the issue of ownership, drawing a parallel between a potential TikTok shutdown and a hypothetical scenario where X is forced to shut down due to its current owner Elon Musk. He argued that users who rely on the platform to post and make a living would have a First Amendment claim.
“American creators have a right to work with the publisher of their choice,” he said.
TikTok: The platform of choice for all—even a 2024 presidential candidate
Fisher argued that telling TikTok creators to simply post elsewhere is insufficient. He emphasized that TikTok offers a unique editorial perspective that benefits creators, particularly ordinary Americans, who gain visibility based on the quality of their content, not fame.
“Whether you’re an ordinary American citizen or a presidential candidate in our last election, if you want to reach new and different audiences, TikTok is the place people go,” he said.
Bluesky gets a shout-out
Prelogar argued that the law targets national security threats, specifically the risk of “covert content manipulation by a foreign adversary nation.”
“The covert nature comes from the fact that it’s not apparent that the PRC is behind the scenes, pulling the strings and deciding what content appears,” Prelogar explained.
Justice Kagan questioned, “Because we don’t know that China’s behind it, that’s what covert means?” She pointed out that the identity of China’s involvement is widely known, adding, “That’s true of every search engine, whether it’s X or Bluesky—none of these are apparent. They’re all black boxes.”
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