U.S. Supreme Court justices expressed skepticism about a challenge filed by video-sharing platform TikTok to overturn a law that would mandate or ban the sale of the app by January 19.
Friday’s hearing is the latest in a legal case pitting the U.S. government against TikTok’s parent company, ByteDance, over free speech and national security issues.
The bill in question was signed into law last April, declaring that ByteDance would have to sell its U.S. stock or face a ban.
The bill has strong bipartisan support, with lawmakers citing concerns that China-based ByteDance could collect user data and pass it on to the Chinese government. Outgoing U.S. President Joe Biden ultimately signed the bill.
But ByteDance and TikTok users challenged the constitutionality of the law, arguing that banning the apps would limit freedom of expression.
During oral arguments Friday, the Supreme Court appeared to waver on the government’s position that the app allows the Chinese government to spy on Americans and conduct covert influence operations.
Conservative Justice Samuel Alito also mentioned the possibility of issuing an administrative stay, temporarily putting the law on hold while the court decides how to proceed.
The Supreme Court’s consideration of the case comes amid ongoing trade tensions between the United States and China, the world’s two largest economies.
A day after the ban went into effect, President-elect Donald Trump, who is set to begin his second term in office, promised to “save” the platform during his presidential campaign.
This marks a reversal from his first term in office, when he tried and failed to ban TikTok.
In December, President Trump asked the Supreme Court to put the law on hold to give his administration “the opportunity to pursue a political solution to the issues at issue in the case.”
Noel Francisco, a lawyer for TikTok and ByteDance, emphasized to the court that the law risks shutting down one of the most popular platforms in the country.
“This behavior cannot continue,” Francisco said. He dismissed “the fear that Americans, even if well-informed, could be persuaded by Chinese misinformation” as “a decision that the First Amendment leaves up to the people.”
Francisco asked the judges to at least temporarily suspend the law. That would “allow us to carefully consider this critical issue and potentially make the case for the reasons outlined by the President-elect.”
‘Weaponization of TikTok’ harms America
TikTok has about 170 million U.S. users, about half the U.S. population.
Attorney General Elizabeth Frelloga, defending the Biden administration, said China’s control of TikTok poses a serious threat to U.S. national security.
She explained that the massive amounts of data that apps can collect about users and their contacts could give China a powerful tool for harassment, recruitment and espionage.
Then, China “could weaponize TikTok at any time to harm the United States.”
Prelogar added that the First Amendment does not prohibit Congress from taking action to protect Americans and their data.
Several judges appeared to accept that argument during Friday’s hearing. Conservative Chief Justice John Roberts pressed lawyers on TikTok’s Chinese ownership.
“Should we ignore the fact that the ultimate parents actually conduct intelligence work for the Chinese government?” Roberts asked.
“It seems to me that you are ignoring a key concern of Congress: Chinese content manipulation and content acquisition and harvesting.”
Roberts appeared to ignore the debate over free speech, adding, “Congress doesn’t care what’s on TikTok.”
Left-leaning Justice Elena Kagan also suggested that April’s TikTok law “targets only foreign companies without First Amendment rights.”
TikTok, ByteDance and app users appealed a lower court ruling upholding the law and rejecting claims that it violates the U.S. Constitution’s free speech protections under the First Amendment.
