The U.S. Supreme Court appeared inclined on Friday to uphold a law that could force a ban or sale of TikTok by January 19, citing national security concerns tied to its Chinese parent company, ByteDance. During 2.5 hours of arguments, justices probed the potential risks of China exploiting TikTok to spy on Americans and influence them covertly, while also examining free speech implications.
Chief Justice John Roberts questioned ByteDance’s susceptibility to Chinese government influence, while Justice Brett Kavanaugh raised concerns about long-term risks of data exploitation for blackmail or espionage. Conservative justices expressed skepticism over TikTok’s First Amendment defense, emphasizing national security over the app’s role as a speech platform for 170 million U.S. users.
TikTok’s lawyer, Noel Francisco, argued the law targets speech itself, potentially shutting down the platform without divestiture. Francisco requested a temporary hold, citing President-elect Donald Trump’s opposition to the law, to allow his administration time for a political resolution.
Justice Elena Kagan highlighted competing concerns, comparing the case to Cold War fears over Soviet-linked propaganda. Solicitor General Elizabeth Prelogar, representing President Biden’s administration, warned of TikTok’s potential as a tool for Chinese espionage, manipulation, and data misuse, describing ByteDance’s control as a national security threat.
Prelogar emphasized a legal precedent barring foreign control of U.S. communication channels, stating Congress acted within its power to protect Americans. Francisco countered, asserting that mandating ByteDance to divest TikTok imposes on its free speech rights.
Justice Samuel Alito suggested a temporary freeze to decide on the issue. A final decision remains pending as tensions between security and free speech dominate the debate.
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