Tik Tok creators gather before a press conference to express their opposition to the Protecting Americans from Applications Controlled by Foreign Adversaries Act, pending legislation to crackdown on TikTok in the House of Representatives, on Capitol Hill in Washington , USA, March 12, 2024.
Craig Hudson | Reuters
The Supreme Court on Friday will hear oral arguments in the case involving TikTok’s future in the US, which could ban the popular app as soon as next week.
The justices will consider whether the Protecting Americans from Applications Controlled by Foreign Adversaries Act, the law aimed at banning TikTok and imposing stiff civil penalties on app “entities” that continue to operate the service after Jan. 19, violates free speech protections free of the US Constitution.
It is unclear when the court will issue a ruling, and if China’s ByteDance continues to refuse to distribute TikTok to a US company, it faces an outright nationwide ban.
What will change about the user experience?
TikTok’s roughly 115 million monthly active users in the US could face a number of scenarios depending on when the Supreme Court rules.
If no word comes before the law goes into effect on January 19 and the ban passes, it’s possible that users will still be able to post or engage with the app if they already have it downloaded. However, those users likely won’t be able to update or re-download the app after that date, multiple legal experts said.
Thousands of short-form video creators who generate revenue from TikTok through ad revenue, paid partnerships, merchandise and more will likely need to transition their businesses to other platforms, such as YouTube or Instagram.
“Shutting down TikTok, even for a single day, would be a big deal, not just for the people who create content on TikTok, but for everyone who shares or watches content,” said George Wang, a staff attorney. at the Knight First Amendment Institute. helped write the institute’s amicus briefs on the case.Â
“This sets a really dangerous precedent for how we regulate speech online,” Wang said.
Who supports and opposes the ban?
Dozens of high-profile associates from the organization, members of Congress and President-elect Donald Trump filed in support of the government and ByteDance.
The government, led by Attorney General Merrick Garland, claims that until ByteDance gives up TikTok, the app remains a “powerful tool for espionage” and a “powerful weapon for covert influence operations.”
Trump’s brief did not express support for either side, but asked the court to strike down the ban on the platform and allow him to find a policy solution that allows the service to continue while addressing national security concerns.
The short-form video app played a prominent role in the 2024 presidential campaigns of Trump and Democratic nominee Kamala Harris, and is one of the most common news sources for younger voters.
In a September Social Truth post, Trump wrote in all caps that Americans who want to save TikTok should vote for it. The post was cited in his amicus brief.Â
What comes next?
It is unclear when the Supreme Court will issue its decision, but the expedited hearing of the case has some predicting that the court could issue a quick decision.Â
The case will have “huge implications” since TikTok’s US user base is so large, said Erwin Chemerinsky, dean of Berkeley Law.Â
“It’s unprecedented for the government to ban platforms for speaking out, especially one that so many people use,” Chemerinsky said. “Ultimately, this is a tension between free speech issues on the one hand and national security claims on the other.”
watching: It looks like TikTok may indeed be shutting down, says Jim Cramer
