The lawyer for TikTok and its parent company ByteDance cautioned the U.S. Supreme Court on Friday that a law requiring the app’s sale or an outright ban could create a troubling precedent. If Congress can target TikTok, similar actions could endanger other companies, raising broader issues regarding constitutional rights. The law, which received bipartisan support last year, requires ByteDance to sell TikTok by January 19 or face a ban due to national security concerns. U.S. lawmakers are worried that the Chinese government might exploit the app to spy on Americans or sway public opinion. ByteDance and TikTok are contesting the law, claiming it infringes on First Amendment rights.
First Amendment at the Forefront
Noel Francisco, TikTok’s attorney, emphasised the wider implications of enforcing the law. During the arguments, he pointed out the possibility of Congress extending its reach to other foreign-owned companies. "Under this theory, Congress could compel AMC Theaters, which was once owned by a Chinese firm, to censor films based on political views," Francisco remarked. He contended that such measures violate free speech and could result in government overreach in various industries. TikTok, boasting around 170 million users in the U.S., ranks among the nation’s most popular apps. However, critics question why the law targets TikTok while overlooking other Chinese-owned platforms like Temu, which has 70 million users. Jeffrey Fisher, representing TikTok content creators, described this selective enforcement as "curious."
The Biden Administration Defends the Law
President Joe Biden has signed the measure into law, and his administration is actively advocating for its enforcement. Solicitor General Elizabeth Prelogar stated that the January 19 deadline is crucial for pushing ByteDance to take action. "Foreign adversaries won’t voluntarily relinquish control of such a powerful communications channel in the U.S.," Prelogar noted. She stressed that the ban is essential for safeguarding national security and could compel ByteDance to prioritize the divestiture process. If the ban is enforced, it would stop new downloads of TikTok on Apple and Google’s platforms. While current users would still be able to access the app, its functionality would diminish over time without necessary support services.
Trump and the Political Angle
Former President Donald Trump, who is expected to return to office after the deadline, has called on the Supreme Court to postpone enforcement. His team contends that a political resolution might be achievable under his leadership. However, the law stipulates that the president must certify significant progress toward TikTok's sale before the deadline can be extended—conditions that seem unlikely to be met. Justice Brett Kavanaugh expressed concerns regarding presidential discretion, questioning whether Biden could opt not to enforce the law. Prelogar acknowledged that there is some enforcement discretion but insisted that this situation requires prompt action. As the January 19 deadline approaches, the Supreme Court’s ruling will have major implications—not only for TikTok but also for how the U.S. government oversees foreign-owned companies.