TikTok, which has 170 million users in the US, has been accused of potentially providing sensitive information to third parties. The US judges, in a hearing lasting more than two and a half hours, agreed that the national security risks outweighed concerns about the free speech of the app and its users.
Chief Justice John Roberts expressed concern about TikTok being owned by China's ByteDance. He also rejected the idea that banning TikTok would infringe on users' free speech rights.
“Congress doesn’t object to users expressing their opinions. They just don’t accept a foreign adversary collecting information from TikTok’s 170 million users,” he said.
TikTok attorney Noel Francisco, in contrast, urged the Supreme Court to delay enforcement of the law so that TikTok could continue operating. However, only Justice Neil Gorsuch appeared to support this view, arguing that the law was “too protectionist” and that warning users about the risks of manipulated content might be a reasonable alternative.
If the law is upheld, TikTok will have to “stop working” from January 19. Apple and Google app stores will be banned from distributing TikTok, while internet hosting services will also not be allowed to support the platform. Current users will still be able to use the app, but will not be able to receive updates, leading to a situation where the app will gradually become inoperable.
A sale of TikTok may be the only way for the platform to survive in the US. However, ByteDance has said it will not sell TikTok, and current legal requirements make it difficult to do so. Several investors, including former Treasury Secretary Steven Mnuchin and entrepreneur Frank McCourt, have expressed interest in acquiring TikTok. McCourt’s Liberty Project and partners have proposed a plan to buy TikTok’s US assets, but financial details have not been disclosed.
TikTok has been in talks with the US government to address concerns about privacy and algorithm manipulation. However, the US Justice Department has said TikTok’s proposals do not go far enough to mitigate the risks. The government also stressed that ByteDance cannot be trusted to follow through on its commitments.
The Supreme Court’s final decision, expected before January 19, will determine TikTok’s fate in the US and have profound implications for millions of users and small businesses that rely on the platform.
