TikTok's Fate Hangs in the Balance as Supreme Court Prepares to Hear Landmark Case

Starfolk

Starfolk

January 09, 2025 · 4 min read
TikTok's Fate Hangs in the Balance as Supreme Court Prepares to Hear Landmark Case

TikTok's future in the US hangs in the balance as the Supreme Court prepares to hear oral arguments on Friday in a landmark case that could determine the app's fate. With just ten days to go until a possible ban, the court's decision will have significant implications for the popular social media platform and its millions of users.

The case centers around the Protecting Americans from Foreign Adversary Controlled Applications Act, which was passed by a wide margin last year and could lead to TikTok being banned in the US if it doesn't spin off from its Chinese parent company ByteDance. The Department of Justice has argued that the law is a constitutional and necessary step to safeguard US national security, while TikTok and a group of its creators claim it threatens to stifle free speech.

The Supreme Court's decision will likely depend on how it weighs the competing interests of national security and free speech. Legal experts say that the court's decision could be difficult to predict, given the unusual nature of the case. The court may apply strict scrutiny under the First Amendment, which could lead to a more nuanced decision that takes into account the complexities of the issue.

One expert, Saurabh Vishnubhakat, a professor at the Cardozo School of Law, notes that the makeup of the DC Circuit panel that previously heard the case may provide some insight into how the Supreme Court will approach the issue. However, he also cautions that the Supreme Court may not necessarily follow the same path as the lower court.

Another factor that could influence the court's decision is the lack of public evidence for TikTok's national security risks. Sahar Abi-Hassan, an assistant professor in political science at Northeastern University, notes that in previous cases where the government has alleged national security concerns, the evidence has typically been more clear-cut.

If the Supreme Court upholds the law, President-elect Donald Trump has promised to save TikTok, but the details of how he plans to do so are unclear. One option could be to instruct the DOJ not to enforce the law, although this could lead to app stores or internet hosting companies banning TikTok anyway. Alternatively, Trump could try to broker a deal, perhaps by resurrecting aspects of an earlier planned deal with Oracle and Walmart.

However, any deal would require the approval of the Chinese government, which has the final say over whether ByteDance can sell TikTok. Experts say that it's highly unlikely the Chinese government will support a sale of the app, given its strategic importance to China's global competitiveness.

If a sale does go ahead, antitrust enforcers would likely block tech giants like Meta and Google from buying TikTok. Instead, possible contenders could include players like Walmart and Oracle, as well as wildcard bids like Project Liberty, a coalition founded by billionaire Frank McCourt that hopes to buy TikTok's user base, content, and brand and run the app with new and less opaque recommendation systems.

As the clock ticks down to the January 19th deadline, the fate of TikTok hangs in the balance. The Supreme Court's decision will have significant implications not just for the app, but for the broader tech industry and the future of free speech online.

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