On Friday, the U.S. Supreme Court appeared likely to support a law that could lead to the sale or ban of the popular app TikTok in the United States by January 19. The court's discussions mainly centered on concerns over national security risks posed by the app’s Chinese parent company, ByteDance. The justices questioned whether the Chinese government could exploit TikTok to spy on Americans or influence public opinion.

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Chief Justice John Roberts directly asked TikTok’s lawyer, Noel Francisco, whether the app's Chinese ownership could be ignored, considering the potential for ByteDance to be compelled to assist China’s intelligence efforts.TikTok, ByteDance, and app users have sued to block the law, arguing that it violates the First Amendment, which protects free speech. However, a lower court previously upheld the law, dismissing these claims.

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While some justices raised concerns about the impact on free speech, the focus remained on the risks of a foreign-owned platform collecting data on 170 million American users.Justice Brett Kavanaugh highlighted the long-term dangers, such as the possibility of China using user data for espionage, blackmail, or recruitment. TikTok’s lawyer argued that the law unfairly targets speech and could shut down the app entirely unless ByteDance divests.

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Francisco also requested the court to delay the law's implementation, noting President-elect Donald Trump’s preference for a political resolution when he takes office on January 20.Liberal Justice Elena Kagan brought up a historical comparison, questioning whether similar actions against the American Communist Party during the Cold War would have been constitutional. Meanwhile, the U.S.

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Solicitor General, Elizabeth Prelogar, defended the law, asserting that TikTok poses a severe national security threat due to the Chinese government’s potential to misuse the platform for espionage or propaganda.

countered that Congress could not force a company like ByteDance to sell TikTok without violating constitutional rights. He presented a hypothetical scenario where China could coerce

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media outlets like The Washington Post but insisted that such forced sales would still infringe on rights.Prelogar argued that Congress has the authority to act to protect American users and their data from foreign adversaries. She highlighted the risk of China using TikTok’s vast data for covert operations that could harm U.S. interests.

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According to her, TikTok’s algorithm, which curates content for users, is part of its speech, and the law directly restricts this.As the January 19 deadline approaches, the Supreme Court must decide whether to uphold the law or grant TikTok temporary relief while the case continues.

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