The clock is ticking for TikTok. A US Supreme Court ruling that is likely to decide the fate of the popular social media platform could come any day now, with a possible ban on TikTok set to take effect in less than a week.
The nation’s highest court is considering TikTok’s request to overturn a law passed by Congress and signed by President Joe Biden last year that would effectively ban the app in the U.S. if TikTok’s China-based parent company ByteDance does not sell it to a buyer it deems suitable. by US officials until Sunday, January 19.
Lawyers for TikTok and the US government both made oral arguments in court on Friday, with TikTok arguing that a ban would violate the First Amendment rights of the company and its users. But based on questions and comments made during the more than two-hour hearing, the justices appeared to be more on board with the government’s argument that the case is not about free speech and is instead about the dangers presented by foreign adversaries such as China.
It is unclear when the Supreme Court will issue a ruling, but it is likely to come before the January 19 sale deadline. It’s also possible the court will issue a stay, temporarily putting the law on hold until President-elect Donald Trump takes office just one day later, on January 20.
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Lawmakers in both political parties have long expressed concerns that TikTok could be a national security threat and could be used by the Chinese government to spy on Americans or spread disinformation to further China’s agenda.
TikTok continues to deny these allegations. Ahead of congressional votes earlier this year, TikTok rallied its American users, calling on them to urge their representatives on Capitol Hill to vote against a ban. But the measure eventually passed by wide margins in both houses of Congress and was signed by Biden.
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But Trump, who pushed for a ban during his first term, now says he no longer favors one. Last week, Trump’s lawyers filed an amicus brief in the case. They did not take sides, but instead asked the court to delay the ban to give Trump time to come up with a “political resolution.”
So what’s next for lawmakers and TikTok? Here’s what you need to know.
What does the law do?
The law aims to force ByteDance to sell TikTok to a buyer that US officials are OK with, as well as ensure that ByteDance no longer has access to US user data or control over the TikTok algorithm that decides what videos they see US users.
TikTok was given nine months to comply, the January 19 deadline, at which point the government could demand its app be removed from US app stores. The President can grant a 90-day extension. Additionally, on Monday, a pair of US senators announced legislation that would give TikTok another nine months.
TikTok has long said a sale is not an option. During Friday’s oral arguments, the company’s Noel Francisco said TikTok would effectively “go dark” if the ban goes into effect. In reality, the app is more likely to die a slow death. It will no longer be available in the Google and Apple app stores, and current users will not be able to receive software updates, which will eventually make the app too cumbersome to use.
Biden, who signed the bill setting those requirements, remains in office until Inauguration Day on January 20.
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What’s next?
After initially calling for a ban during his first presidency, Trump said during the 2024 campaign that he was not in favor of one and vowed to “save TikTok,” though he did not specify how he would do so.
During a press conference in December, Trump noted the role TikTok played during the election, crediting it with helping him rally the youth vote.
“TikTok had an impact, and so we’re taking a look at it,” Trump told reporters. “I have a little warm spot in my heart. I’ll be honest.”
Trump said in March on CNBC’s Squawk Box that while he still viewed the app as a national security risk, he no longer thought it should be banned, saying, “There are a lot of little kids on TikTok who are going to go crazy without it. “
Trump added that banning TikTok would only increase the power of Facebook, which he called “the enemy of the people.”
In September, Trump vowed to “save TikTok,” according to an Associated Press report. But during an interview that aired last month on Meet the Press, Trump did not directly say whether or how he would help TikTok avoid a ban.
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Who has opposed the TikTok ban?
Free speech and digital rights groups, as well as some security experts, have long opposed the idea of a ban, saying that singling out TikTok does nothing to address broader problems with social media. Some filed documents in the high court supporting TikTok.
Instead, they argue, lawmakers would be better off passing comprehensive digital privacy laws that would protect Americans’ personal information by regulating the ability of all social media companies to collect and sell it.
Electronic Frontier Foundation Civil Liberties Director David Greene, who co-authored an amicus brief filed with the court late last month, said corporations around the world are currently allowed to collect, store and sell the personal data of Americans. And this data can easily be stolen or bought by foreign adversaries.
“Banning or forcing the sale of a social media app will do almost nothing to protect the privacy of Americans’ data from another country,” Greene said in an EFF statement.
