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Access to TikTok in the United States could be coming to an end, as the Supreme Court appears to be in favor of supporting a congressional law that would mandate the shutdown of the social network in the country if it does not separate from its parent company, the Chinese ByteDance.
On Friday, the Supreme Court held a hearing to listen to the arguments of TikTok and the federal Administration.
It claims that the platform poses a risk to national security as it facilitates potential interference from the Chinese government, and states that ByteDance must sell the app to a company in a country that is not a "rival" of the United States.
TikTok, for its part, argues that the law violates the First Amendment of the Constitution, which guarantees freedom of speech.
In the hearing, the judges expressed concern about the power that TikTok grants to the Chinese government, as the social media platform collects a lot of data from American citizens. One judge stated that through it, China could "develop spies and manipulate and blackmail" young people, while another noted, "They are regulating a medium of communication."
On its part, a representative from TikTok claimed that the regulation opens the door to censorship and goes against the freedom of expression of both the company and its users.
The law in question, approved by Congress in April 2024 by both parties, gives ByteDance nine months to find a new investor. The deadline expires on January 19, one day before Donald Trump's inauguration, a circumstance that advocates of the social network consider "particularly fitting" to at least postpone the ban.
Trump, who attempted to ban the app while he was president on the grounds that China could access the data of U.S. users or manipulate the content shown on the social network, changed his stance last December and requested the Supreme Court to halt the enforcement of the law until he assumed office again.
"The judges appear to be quite inclined to say that this does not directly affect First Amendment rights as TikTok claims, and it seems that the security concerns raised by Congress will likely prevail," commented Local 10 Kevin Frazier, an expert in constitutional law and emerging technology from St. Thomas University.
If the Supreme Court ultimately approves the federal law, TikTok will shut down on January 19.
Frequently asked questions about the possible ban of TikTok in the United States
Why could TikTok be banned in the United States?
TikTok could be banned in the United States due to national security concerns. The law ratified by the Federal Appeals Court for the District of Columbia requires that the platform be sold to a U.S. owner before January 19, 2025, or it will face a ban in the country.
What is TikTok doing to defend itself against the ban in the United States?
TikTok has appealed the law that imposes its ban to the Supreme Court, arguing that it violates its rights to freedom of speech under the First Amendment. The platform denies conveying information to Beijing and defends its position that the measure is based on inaccurate information.
What is Donald Trump's stance on the TikTok ban?
Donald Trump is currently opposing the TikTok ban, arguing that it would disproportionately benefit companies like Meta. While he does not take a position on the legal merits of the case, he is seeking time to find a political solution that will prevent the platform from being shut down.
How would the ban on TikTok affect relations between the United States and China?
The ban on TikTok could further strain relations between the United States and China. This conflict involves not only national security issues but also economic and diplomatic considerations, given that ByteDance, TikTok's parent company, is Chinese.
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