On Friday, the Supreme Court appeared inclined to support a law that would result in a ban on TikTok in the United States from January 19, unless the app’s China-based parent company, ByteDance, sells it. The case, which poses significant questions about free speech versus national security, saw the justices leaning toward the view that the potential national security risks due to the company’s ties to China could outweigh the free speech rights of TikTok and its 170 million American users.
During the extensive arguments, which lasted over two and a half hours, Chief Justice John Roberts expressed primary concerns about TikTok’s ownership by ByteDance and the obligations this relationship entails, including the need to cooperate with Chinese government intelligence efforts.
The legislation in question, which received bipartisan support in Congress and was signed into law by President Joe Biden in April, mandates that TikTok cease operations by January 19. Representing TikTok, attorney Noel Francisco argued before the justices, suggesting at least a temporary stay that would allow TikTok to continue its operations until more permanent solutions could be negotiated. He hinted that the situation might change once President-elect Donald Trump, who has a significant following on TikTok and previously advocated for delaying the ban, assumes office on January 20. Francisco, who served as Trump’s solicitor general during his first term, highlighted that the incoming president might seek a political resolution to the situation.
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