The U.S. Supreme Court appears inclined to uphold a law that could lead to a nationwide ban on TikTok, the popular video-sharing app owned by Chinese company ByteDance, due to national security concerns. During oral arguments on January 10, several justices expressed skepticism toward TikTok’s arguments that the ban infringes on First Amendment rights.
The law in question, known as the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA), was enacted in April 2024. It mandates that applications controlled by foreign adversaries, explicitly including TikTok, must be divested from such ownership or face a ban in the United States. The deadline for compliance is January 19, 2025.
Justice Sonia Sotomayor questioned the logic of TikTok’s argument against the ban, suggesting that if the U.S. government perceives a threat, it should be able to act on it. She stated, “We have a right to say you can’t do that, you can’t speak,” as reported by The Guardian.
TikTok’s legal team contends that there is no evidence of the Chinese government manipulating the platform or accessing U.S. user data. They argue that the ban is an overreach that suppresses the free speech of millions of American users and content creators who rely on the platform for expression and livelihood.
The Biden administration supports the ban, citing the app’s data collection practices and potential for foreign interference as significant threats to national security. The administration argues that the law targets security risks rather than suppressing speech. However, TikTok’s lawyer noted that Donald Trump, set to take office on January 20, could significantly alter the course of events. “It is possible come January 21, 22, we’re in a different world,” he said, as reported by The Guardian.
The impending ban has caused concern among TikTok’s vast user base in the U.S., particularly content creators who have built substantial followings and businesses on the platform. Jack Nader, 21, went from being a Starbucks barista in Chicago to a full-time TikTok creator in 2023. After his beauty videos gained over half a million followers, he left his coffee shop job and moved into his own apartment. “This is my 9-to-5 job,” Nader told CNBC, adding he earns between $1,000 and $12,000 monthly through brand deals and ad revenue. “This is how I pay for my groceries. This is how millions of small businesses make their money.” Many, like Nader, are urging their followers to migrate to alternative platforms such as Meta’s Instagram and YouTube to maintain their online presence.
The Supreme Court is expected to issue a decision before the January 19 deadline. If the law is upheld, TikTok will be required to either divest from ByteDance or cease operations in the U.S. Failure to comply could result in substantial fines for companies like Apple and Google if they continue to offer TikTok in their app stores.
So what will happen on the 19th if the ban goes through? According to WBAL-TV, web hosting companies will no longer be allowed to host TikTok, meaning the app will vanish from Apple and Google’s app stores. Existing users can still access TikTok if it’s already on their phones, but new downloads will be blocked. Without updates, security patches, or bug fixes, the app’s performance will decline over time, leading to potential security risks and, eventually, making it unusable.
This case underscores the ongoing tension between ensuring national security and protecting free expression in the digital age. The outcome could set a significant precedent for how the U.S. regulates technology companies with foreign ties, potentially affecting other applications and services beyond TikTok.
As the deadline approaches, all eyes remain on the Supreme Court’s forthcoming decision, which will have far-reaching implications for the future of digital expression and national security policy in the United States.
