President-elect Donald Trump cast a shadow over the U.S. Supreme Court's deliberations regarding whether justices should block a law aimed at banning TikTok unless its parent company, ByteDance, divests its ownership by January 19. The Court's ruling could determine the app's future in the U.S. after the proposed ban takes effect.
Supporters of the ban argue that TikTok poses a national security threat, suggesting the Chinese Communist Party could use the platform to undermine U.S. interests. However, critics contend that such a ban would infringe on First Amendment rights, raising constitutional concerns.
A ban would also significantly impact the creator economy, disrupting influencers who have established careers and income streams via the platform.
Trump’s name emerged multiple times during the hearing, with TikTok's legal team noting that his involvement could influence the platform's future. Noel Francisco, the attorney representing TikTok, argued that without a divestiture or Trump's intervention, the platform would effectively shut down. "Unless President Trump exercises his authority to extend it, we shut down on January 19," Francisco stated, adding that the situation could change after the inauguration. He suggested that a preliminary injunction could allow some breathing room until a resolution is reached.
Several justices expressed skepticism toward TikTok’s arguments, especially its claims that the law was an unconstitutional attempt to suppress free speech. U.S. Solicitor General Elizabeth Prelogar countered, emphasizing that the law was about safeguarding U.S. national security rather than stifling content.
Both conservative and liberal justices raised concerns, with Chief Justice John Roberts noting potential risks of "content harvesting." He highlighted the long-term implications of TikTok's access to personal data, questioning whether it could be misused for espionage or other purposes in the future.
Justice Ketanji Brown Jackson challenged Francisco’s view that TikTok would be forced to shut down entirely. She pointed out that TikTok could continue to operate independently if it severed ties with ByteDance, suggesting that the law was more about "association" than censorship.
Trump, who is poised to take office one day after the ban’s potential enactment, submitted a friend-of-the-court brief advocating for a delay to allow time for an agreement on security concerns. Trump has previously expressed skepticism about the ban, suggesting it could harm his relationship with young voters who helped him win the 2024 election.
Francisco argued that the law’s triggering mechanism targets social media platforms that allow user-generated content, singling out one "speaker"—TikTok—due to national security concerns. Prelogar, however, emphasized that the Chinese government has long sought to use platforms like TikTok to collect personal data for espionage and recruitment.
During a December 16 press conference, Trump said, "I have a warm spot in my heart for TikTok because I won youth by 34 points in the 2024 election. Some say TikTok had something to do with it."
If the Supreme Court does not intervene, the ban will take effect on January 19. TikTok has warned that even a month-long shutdown could result in the loss of about a third of its U.S. user base.
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