Supreme Court Weighs TikTok Ban as Deadline Looms

WASHINGTON, D.C. — The U.S. Supreme Court heard arguments for two-and-a-half hours on Friday over whether TikTok, the popular social media app, can be banned in the United States by Jan. 19. The justices appeared inclined to allow the federal government to enforce a law requiring TikTok’s Chinese parent company, ByteDance, to sell the platform or face a nationwide ban on national security grounds.

Last spring, President Joe Biden signed legislation mandating ByteDance to divest TikTok or risk a ban, citing concerns over data privacy and potential foreign influence. TikTok has challenged the law, arguing it violates the First Amendment by restricting free speech. The company seeks to delay enforcement, but if the ban takes effect Sunday, Apple and Google would be prohibited from offering TikTok for download to new users, though existing users could still access the app temporarily.

During Friday’s hearing, Justice Samuel Alito questioned whether the court could temporarily block the law. U.S. Solicitor General Elizabeth Prelogar, representing the Biden administration, opposed a temporary hold unless TikTok was likely to prevail on its First Amendment claim. Prelogar also deferred to the justices on whether they had sufficient time to decide the case before the Jan. 19 deadline.

If ByteDance fails to sell TikTok by the deadline, the app will be banned in the U.S., making it illegal for internet hosting services and app stores to distribute it. Existing users may retain access but will be unable to update the app, which could degrade over time. The TikTok website would also become unavailable through U.S.-based hosting services.

Content creators are preparing for the potential ban by educating users about virtual private networks (VPNs), which can mask a user’s location. However, Dan York, a senior advisor to the Internet Society, cautioned that VPNs may not always work and could result in slower or unreliable connections. He also warned users to research VPN providers carefully to avoid malicious actors.

Meanwhile, Project Liberty, an organization led by billionaire Frank McCourt, has expressed interest in acquiring TikTok’s U.S. assets. McCourt, former owner of the Los Angeles Dodgers, stated that Project Liberty secured verbal commitments of up to $10 billion for the purchase. However, the deal would exclude TikTok’s algorithm, which China considers intellectual property.

The Supreme Court could issue its decision at any time, with no specific deadline for a ruling. If the ban proceeds, it would mark a significant shift in the U.S. social media landscape and raise questions about the future of digital free speech and national security.