The Supreme Court is poised to make a ruling that may change American social media forever as it prepares to hear arguments Friday in a case that may force TikTok to stop doing business in the United States.
This service, now a cultural phenomenon and source of entertainment and information for approximately half of all Americans, is at the intersection of constitutional rights and national security concerns.
The platform has more than 170 million monthly users in the United States but is now facing an existential crisis after President Biden signed a law into effect in April 2024.
The bipartisan legislation was passed with full support from Congress and is designed to make ByteDance, TikTok’s China-based parent company, divest its U.S. operations due to concerns over national security.
The stakes are particularly high as the case unfolds against the backdrop of a presidential transition.
Trump Intervenes in TikTok Case
President-elect Donald Trump, who previously supported efforts to ban TikTok, has made an unusual intervention in the case, urging the Supreme Court to pause any decision and allow his incoming administration to seek a “political resolution.” Trump’s legal team emphasized his “consummate dealmaking expertise” and “electoral mandate” in their court filing, noting his recent meeting with TikTok CEO Shou Zi Chew at Mar-a-Lago.
The Biden administration, defending the law, argues that Chinese control of TikTok through ByteDance poses a “grave threat to national security.” Government officials contend that Chinese authorities could compel ByteDance to surrender information about U.S. users or manipulate the platform’s content distribution.
However, TikTok’s legal team points out that the government “concedes that it has no evidence China has ever attempted to do so.”
For content creators and users, the stakes are deeply personal. “Rarely if ever has the court confronted a free-speech case that matters to so many people,” their lawyers argued in court filings. Many creators are already exploring alternative platforms and are concerned about the potential impact on their livelihoods if TikTok is forced to shut down.
The immediate effects of an adverse ruling could be significant. TikTok estimates that a shutdown of just one month would result in the loss of approximately one-third of its daily U.S. users and substantial advertising revenue.
TikTok’s Fate Hangs in the Balance as Supreme Court Hears Arguments
While the app wouldn’t immediately disappear from users’ phones if the law takes effect, new downloads would be blocked, and existing users would be unable to update the application.
The Supreme Court has set aside two hours for arguments, with three experienced lawyers taking center stage. The government’s case will be presented by Solicitor General Elizabeth Prelogar, while former Trump administration Solicitor General Noel Francisco will represent TikTok and ByteDance.
Stanford Law professor Jeffrey Fisher, making his 50th Supreme Court appearance, will argue on behalf of content creators and users.
Legal experts are particularly focused on the level of scrutiny the Court will apply to the law. Under the most rigorous standard, known as strict scrutiny, laws rarely survive constitutional challenges.
However, the Biden administration points to existing restrictions on foreign ownership in sectors like radio broadcasting to justify its efforts to counter Chinese influence through the TikTok ban.
Supreme Court Weighs National Security Against Free Speech as Deadline Looms
Several alternatives to a complete shutdown remain possible. The incoming Trump administration could decline to enforce the law or prosecute tech companies that host TikTok in their app stores.
Trump would also have the authority to issue a 90-day delay after January 19, provided he certifies to Congress that “significant progress” toward divestiture has occurred.
The case presents a unique challenge to the justices, who have confessed their limited familiarity with social media platforms.
Now, however, they must balance fundamental constitutional questions of free speech against national security concerns in the digital age. Their decision could not only determine the fate of TikTok but also set important precedents for how the government can regulate foreign-owned social media platforms.
Given the approaching deadline, the Supreme Court is expected to move swiftly, a decision is possible within days of the arguments. Whatever the outcome, the case highlights the increasingly strained balance between national security and free speech rights in the new digital world.
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