TikTok’s legal team has warned that a ruling in favor of a law requiring the app to be sold or banned could set a dangerous precedent for other companies. The case, presented before the U.S. Supreme Court on Friday, centers on a law passed by Congress last year that mandates ByteDance, TikTok’s parent company, either sell the app or face a ban by January 19 on national security grounds.
Noel Francisco, representing TikTok and ByteDance, argued that if the court endorses the law, it could open the door for similar actions against other companies. He pointed to the past when a Chinese company owned AMC theaters, suggesting Congress could later force companies to censor or promote specific content based on its preferences.
The law was passed with broad bipartisan support, driven by concerns that the Chinese government could use TikTok for surveillance and influence operations within the United States. TikTok, however, claims that the law violates the First Amendment’s protection of free speech, and they have asked for a delay in its implementation.
TikTok’s case was also supported by lawyer Jeffrey Fisher, who argued that the law unfairly targets TikTok while leaving other Chinese-owned companies, like the e-commerce site Temu, untouched. He questioned why Congress would ignore similar risks posed by platforms with millions of U.S. users.
The Biden administration, defending the law, argued that the January 19 deadline must stand to push ByteDance into action. Solicitor General Elizabeth Prelogar stated that foreign adversaries do not relinquish control over mass communication channels, and the law would force ByteDance to move forward with a sale.
Should the ban be enforced, TikTok would no longer be available for new downloads on U.S. app stores like Apple and Google, though existing users could still access it. Both TikTok and the U.S. government agree that without ongoing support, the app would eventually become unusable.
Justices expressed concerns about the potential misuse of TikTok for covert influence by the Chinese government, but Francisco pointed out that manipulation of content by media outlets is protected speech under the First Amendment.
Former President Donald Trump, who opposes the ban, has urged the court to delay the deadline until he takes office. The law allows the president to extend the deadline under certain conditions, but with ByteDance showing no sign of selling TikTok’s U.S. assets, it is unclear if the extension will be granted.
