Supreme Court to Decide TikTok’s US Future “`

The Supreme Court will soon decide TikTok’s fate in the U.S., hearing arguments on a law that could ban the platform.

The case challenges a law, passed by Congress and enacted in April 2024, potentially forcing TikTok’s Chinese owners to sell it to a U.S. company or face a ban. The law, citing national security concerns, sets a January 19th deadline for the sale.

With over 170 million U.S. users, TikTok is a major cultural force. However, the government claims the app, owned by ByteDance, poses a national security risk due to potential Chinese influence on its algorithms and data access.

The Supreme Court expedited the case, but a decision timeline remains unclear. Legal experts describe the case as complex, balancing national security concerns against the First Amendment rights of TikTok users. Professor Alan Rozenshtein suggests that any upholding of the law will likely be based on narrow grounds, offering limited implications for broader social media regulation.

The Biden Administration defends the law, arguing that the government can regulate foreign-owned entities threatening national security. It claims TikTok’s Chinese ownership could allow the Chinese government to access user data and potentially influence the platform. The Justice Department’s Supreme Court brief emphasizes that the law doesn’t restrict speech, but addresses foreign control of a key communication platform.

Conversely, TikTok’s legal team and user coalitions argue the law violates the First Amendment. They assert that TikTok’s algorithms and editorial decisions are inherently expressive, shaping content for millions. TikTok’s brief highlights the lack of concrete evidence showing ByteDance manipulating content or censoring users at China’s behest. The company suggests that requiring disclosure of foreign ownership would be a less restrictive approach to addressing national security concerns.

This case raises unprecedented questions about national security, foreign influence, and free speech in the digital age. A brief filed on behalf of TikTok creators underscores the case’s wide-reaching impact.

The TikTok legal battle has drawn significant attention due to its political and cultural implications. Congress passed the sale mandate in April with bipartisan support, reflecting concerns about TikTok’s Chinese ties. TikTok, however, contests the government’s actions, arguing it oversteps its authority in regulating a private company’s foreign ownership.

A federal appeals court upheld the law in December, citing the government’s national security interest in regulating TikTok within the U.S.

The case intersects with President-elect Donald Trump’s incoming administration, whose inauguration follows the law’s effective date. Trump, who has previously expressed interest in saving TikTok, recently urged the Supreme Court to delay its decision until after his inauguration, suggesting a possible resolution between TikTok and Congress. A brief submitted by his solicitor general nominee, John Sauer, highlights Trump’s significant social media influence.

Sauer’s brief argues that the timing interferes with Trump’s ability to manage foreign policy and seek a solution protecting both national security and TikTok’s role in enabling free speech for 170 million Americans.

Trump met with TikTok CEO Shou Chew at Mar-a-Lago. Prior to the meeting, Trump noted his positive feelings towards TikTok due to its potential influence on young voters in the election.

While Trump’s brief has attracted notice, Rozenshtein suggests the Court will likely focus on the core constitutional issues. He points out that while courts generally avoid antagonizing the President, Trump’s request lacks legal basis for delaying a duly enacted law.

Predicting the Court’s ruling is difficult, but its involvement suggests potential reservations about the law’s free speech implications. The Court previously recognized that social media platforms have the same First Amendment rights as traditional publishers, a point TikTok’s defenders emphasize.

A potential ByteDance sale of TikTok to an American entity could involve numerous suitors. Project Liberty, backed by Frank McCourt, reports assembling a consortium of investors, including Kevin O’Leary, interested in a “people’s bid”. The sale’s value could range from $20 billion to $100 billion, depending on the U.S. division’s valuation from its parent company. (TikTok employs about 7,000 people in the U.S.)