The United States Supreme Court appears inclined to uphold legislation that would effectively ban TikTok unless its Chinese parent company, ByteDance, sells the platform before 19 January 2025. During nearly three hours of arguments, the Court’s justices focused heavily on national security concerns while weighing them against free speech protections.
The law, which received bipartisan support in Congress, would require tech companies like Apple and Google to remove TikTok from their app stores and prevent updates, potentially rendering the platform unusable over time. With over 170 million US users, TikTok maintains that the ban would violate First Amendment rights and has stated it will not sell the platform.
During the hearing, Justice Brett Kavanaugh expressed particular concern about the data TikTok collects on its users, calling it a “huge concern for the future of the country.” Chief Justice John Roberts questioned whether the Court could ignore ByteDance’s obligation to assist Chinese intelligence operations.
TikTok’s lawyer, Noel Francisco, argued that “the government cannot restrict speech in order to protect us from speech,” while Justice Department lawyer Elizabeth Prelogar countered that Beijing “could weaponize TikTok at any time to harm the United States.”
The situation is further complicated by President-elect Donald Trump’s recent request for the Court to delay its decision until he returns to the White House, hoping to find a “political solution.” However, with the 19 January deadline approaching, TikTok’s lawyers warn the platform would “go dark” without intervention.
Content creators have voiced strong opposition to the ban, with many gathering outside the Supreme Court in freezing conditions. Creator Chloe Joy Sexton emphasised that the platform provides financial independence for many users, particularly mothers, and a ban would place them in “true financial jeopardy.”
Legal observers predict the Court may side with the government, given its historical tendency to defer to national security concerns.
