The TikTok ban reaches the Supreme Court
Image: Cato Institute
TikTok is hoping for its own version of the Immaculate Reception, after the app’s hail mary legal effort to prevent a looming US ban appeared before the Supreme Court on Friday.
Should they lose the case, TikTok will be forced to either sell its US operations or face a ban starting this Sunday.
How the arguments went down: A majority of Justices appeared to agree with the US government’s argument that TikTok represents a national security threat. US officials claimed China’s government can potentially access and weaponize TikTok’s sensitive user data on Americans, and that Beijing can manipulate TikTok’s content algorithm to sway US public opinion or deepen internal divisions.
- On the flip side, TikTok argued the sale-or-ban law violates the First Amendment by unjustifiably restricting access to speech, and violates the Fifth Amendment by unfairly singling out TikTok.
- The company also denied claims that it sent – or will send – US user data to Beijing, saying the US government’s security concerns are vague and overblown.
What happens next? The Supreme Court could opt to overturn or delay the sale-or-ban law in the coming days, which would allow TikTok to remain accessible in the US beyond this weekend.
But if SCOTUS does let the TikTok ban take effect, US app stores would be required to remove the platform starting January 19. This means Americans who already downloaded TikTok could continue to use it – but they wouldn’t have access to future software updates from ByteDance, eventually making the app buggy and potentially unusable.
- There’s also the question of how the ban will be handled by the incoming presidential administration.
- Trump has indicated he wants to keep TikTok around. But if the ban takes effect as scheduled (one day before he’s sworn in), his options would be limited to refusing to enforce the ban, or pushing Congress to eliminate it via new legislation.
Worth mentioning: Congress’ ban also applies to all of ByteDance’s other apps, including Lemon8 – a TikTok sister app with similar features that’s gained traction among US users in recent weeks.
Looking ahead…SCOTUS’ ruling is expected shortly before or after the January 19 deadline. Many creators are preparing for the worst, urging followers to find them on other platforms like YouTube and Insta.
đź“Š Flash poll: In general, how would a potential TikTok ban impact your life?
See a 360° view of what media pundits are saying →
Sprinkles from the Left
- Some commentators argue that the First Amendment arguments for allowing the US government to ban foreign adversaries from owning TikTok are stronger than they may initially seem
- Others contend that in seeking to force the sale of TikTok, Congress ignored the free speech rights of TikTok’s users and stoked unsubstantiated fears that the Chinese government might be covertly manipulating young Americans’ vulnerable minds.
- “TikTok should lose its big Supreme Court case” –Ian Millhiser, Vox
- “Here's What the Supreme Court's TikTok Case Is Really About” –Kate Ruane, US News & World Report
- “The TikTok court case has staggering implications for free speech in America” –Erwin Chemerinsky, LA Times
Sprinkles from the Right
- Some commentators argue that if TikTok gets banned, its investors and users should blame the Chinese government, which has rejected the divestiture that a bipartisan majority in Congress has passed.
- Others contend that the recent revelation that China was able to hack US wireless telecom networks undetected for months proves yet again that President-elect Trump is dead wrong to try hindering the sale-or-ban law approved by Congress.
- “The Clock Ticks on TikTok’s End” –WSJ Editorial Board
- “New China spy revelations show why Trump is wrong to resist TikTok ban” –NY Post Editorial Board
- “TikTok’s Bad Day at the Supreme Court” –Dan McLaughlin, National Review
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