The U.S. Supreme Court heard arguments on January 10 over a law requiring ByteDance, TikTok’s Chinese parent company, to sell the app or face a U.S. ban by January 19.
The law, passed last year, is based on national security concerns related to TikTok’s data practices and its ties to the Chinese government.
The case will decide TikTok’s future in the U.S., which has 170 million users and is a major platform for creators and businesses.
Government: TikTok Is A Security Threat
The U.S. government argued that TikTok gives the Chinese government potential access to sensitive user data and a platform for covert influence.
Solicitor General Elizabeth Prelogar said:
“TikTok’s immense data set would give the PRC a powerful tool for harassment, recruitment, and espionage.”
Prelogar warned that China could use data collected from millions of Americans for blackmail or other purposes.
Referencing Chinese laws that require companies like ByteDance to share information with the government, Prelogar said:
“The Chinese government could weaponize TikTok at any time to harm the United States.”
Justice Brett Kavanaugh echoed these concerns, saying:
“China was accessing information about millions of Americans… including teenagers, people in their 20s.”
Kavanaugh warned that such data could be used to “develop spies, to turn people, to blackmail people.”
Chief Justice John Roberts emphasized that the law focuses on ByteDance’s ownership, not TikTok’s content.
Roberts stated:
“Congress doesn’t care about what’s on TikTok… They’re saying that the Chinese have to stop controlling TikTok.”
TikTok: The Law Violates Free Speech
TikTok’s legal team argued the law violates the First Amendment by targeting its ability to operate.
Attorney Noel Francisco compared TikTok’s algorithm to editorial decision-making, calling it protected speech.
Francisco said
“The government’s real target, rather, is the speech itself.”
He adds:
“There is no evidence that TikTok has engaged in covert content manipulation in this country.”
Francisco proposed alternatives, such as banning TikTok from sharing user data with ByteDance or requiring user risk disclosures.
He argued these measures would address security concerns without violating free speech.
Justice Neil Gorsuch questioned the government’s approach, asking: