The US Supreme Court heard arguments from the parties last Friday on whether to cancel or approve a law that could lead to TikTok being banned in the country. The law, signed by President Joe Biden in April 2024, directs TikTok’s parent company ByteDance to divest its U.S. operations by January 19. If the company does not comply with this request during this period, TikTok will be completely banned in the country.
This meeting took place just nine days before the ban came into force and served as a sort of “last defense” for TikTok. TikTok’s lawyer stated that the application was ready to stop serving in the USA as of January 19, but the intervention of the Supreme Court could prevent this.
During the hearing, which lasted approximately two and a half hours, lawyers from both sides presented their arguments to the Supreme Court judges. Here are the main arguments at the hearing, the critical questions posed by the judges and the possible outcomes.
TikTok’s defense argued that the ban was a matter of freedom of expression, arguing that it violated the rights of US users protected by the First Amendment. The company’s statements were collected under the following headings:
- Violation of Freedom of Expression: The law targets platforms that host only user-generated content and directly affects TikTok’s right to serve content. Concerns that the government might shift TikTok’s content balance in a pro-China or anti-US manner were called an “unacceptable regulatory rationale” by the company.
- Alternative Solution Suggestions: TikTok argued that the US government could address data security concerns in less restrictive ways. For example, severe sanctions may be imposed, prohibiting the sharing of user data.
- Technical and Legal Obstacles: Emphasizing that it is impossible for ByteDance to transfer TikTok’s algorithm without the approval of the Chinese government, the company stated that such a process could take years.
The US government stated that the law does not restrict freedom of expression and only focuses on national security concerns. The Ministry emphasized that the possibility that the Chinese government could collect data about Americans or manipulate content through TikTok poses a significant threat.
- National Security Concerns: It was stated that the Chinese government could order ByteDance to deliver data and that this data could have an impact on future generations.
- Investment and Algorithm Control: The US argued that if TikTok were separated from ByteDance, the application could work the same way. However, in the current situation, it was claimed that TikTok could not act independently of the influence of the Chinese government.
The justices took a deep dive into TikTok’s free speech claims and national security concerns. The following questions came to the fore:
- What exactly is it that TikTok advocates as “expression”?
- Does the Chinese government have any influence on TikTok’s algorithm and content recommendation engine?
- It was asked why ByteDance was so resistant to the transfer of the algorithm. TikTok lawyers stated that this resistance was based on technical and legal reasons.
TikTok may get a new chance in Donald Trump’s era
If the law is approved, TikTok’s operations in the USA will completely cease and the application will be removed from stores. However, a possible preliminary stay decision by the Supreme Court may give TikTok a new chance for negotiations after the presidential change.