The Supreme Court heard arguments on Friday regarding a law that could lead to a ban on TikTok in the United States, with the social network's lawyer arguing that such a move would violate both TikTok's and Americans' First Amendment rights. The law in question, officially titled the Protecting Americans from Foreign Adversary Controlled Applications Act, gives TikTok's parent company ByteDance until January 19, 2025, to divest its US operations or face a ban in the country.

TikTok's lawyer, Noel Francisco, emphasized that the social network will essentially shut down on January 19 unless the Supreme Court intervenes. He also alluded to President-elect Donald Trump's support for the app, stating that "the platform shuts down unless there's a divestiture, unless President Trump exercises his authority to extend it." Francisco suggested that a delay in the law's implementation would be necessary, as President Biden would still be in office on January 19, and President Trump would not be able to extend the deadline until after his inauguration.

Francisco argued that TikTok's "For You" algorithm should be protected by free speech rights, as it represents the company's editorial discretion over the content it distributes. He claimed that a divestiture of the app would not be feasible under any timeline, citing China's potential prevention of the export of its algorithm. Francisco also emphasized that TikTok would be a fundamentally different service if it didn't have access to global creator content, and that a new version of the app in the US with a new algorithm would prohibit any kind of coordination with ByteDance's global team of engineers.

Jeffrey Fisher, a lawyer representing TikTok content creators, also argued that the law violates their rights, stating that they have the right to work with the publisher of their choice. Fisher's argument highlights the broader implications of a potential TikTok ban, which could have significant effects on the livelihoods of creators who rely on the platform.

Last month, the Supreme Court agreed to hear ByteDance and TikTok's challenge to the sell-or-ban law, despite concerns from the Department of Justice that a delay would pose a continuing threat to national security. A week after the Supreme Court agreed to hear the case, attorneys representing President-elect Donald Trump asked the court to pause the law, citing "unfortunate timing" that interferes with his "ability to manage the United States' foreign policy."

President Biden signed the sell-or-ban law back in April 2024, following years of allegations from the US government that TikTok's ties to China pose a national security risk and that it exposes Americans' sensitive information to the Chinese government. If ByteDance fails to sell the platform by January 19, it will be illegal for app stores and internet hosting services to distribute the social network.

The outcome of this case will have significant implications for the future of social media in the US, as well as the balance between national security concerns and individual freedoms. As the Supreme Court deliberates on the fate of TikTok, the tech industry and users alike will be watching closely for a decision that could have far-reaching consequences.