A lawyer representing TikTok has warned that a law compelling the sale or banning of the app could set a troubling precedent, potentially allowing Congress to target other companies with foreign ties under similar claims of national security concerns.
The legislation, passed with bipartisan support and signed into law by President Joe Biden, mandates that TikTok's parent company, ByteDance, divest its U.S. operations by the January 19 deadline or face a nationwide ban.
Lawmakers justified the measure by citing risks that the Chinese government could use the app for espionage or influence campaigns, a concern amplified by TikTok's 170 million American users.
However, critics, including TikTok's legal team, argue the law infringes on First Amendment rights and disproportionately singles out the platform over other Chinese-owned entities operating in the U.S.
In Supreme Court hearings, TikTok's lawyer, Noel Francisco, argued that endorsing the law could open the door to similar actions against other companies, citing that it could compromise free speech and market freedoms.
The Biden administration defended the measure, emphasizing its urgency in pushing ByteDance to act.
Meanwhile, TikTok content creators also contested the law, questioning why platforms like Temu were excluded if Congress genuinely feared risks associated with Chinese-owned companies.
Should the law take effect as scheduled, TikTok would no longer be available for download on platforms like Apple's App Store and Google Play.
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