US Supreme Court Weighs TikTok Sale or Ban Law Amid Free Speech Concerns

WASHINGTON: The U.S. Supreme Court has heard arguments over a law that could force TikTok’s Chinese parent company, ByteDance, to sell the popular short-video app or face a ban in the United States. The law, which targets national security risks, has set a deadline of January 19 for ByteDance to divest its U.S. operations.

Noel Francisco, representing TikTok and ByteDance, warned the justices that endorsing such a law could set a precedent for government interference in other companies, potentially allowing Congress to impose similar restrictions on other foreign-owned businesses. He highlighted how, under this theory, even companies like AMC Theaters could be compelled to censor content they show if it didn’t align with Congressional interests.

TikTok, with 170 million users in the U.S., has been under scrutiny due to concerns that the Chinese government could use the platform for espionage or influence campaigns. Congress passed the law with overwhelming bipartisan support, citing these risks.

During the hearing, TikTok’s legal team argued that the law violates the First Amendment, as it could enable government control over content and speech. Meanwhile, the Biden administration defended the law, stressing the importance of national security and the need to push ByteDance to divest its U.S. operations by the January 19 deadline.

Solicitor General Elizabeth Prelogar, representing the administration, argued that foreign adversaries would not voluntarily relinquish control over a major communication channel like TikTok, adding that the law was necessary to force ByteDance into action.

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The court’s ruling on whether to allow the law to take effect could have significant implications for TikTok and other foreign-owned companies in the U.S., raising questions about national security, free speech, and government control over digital platforms.