The Supreme Court is currently hearing oral arguments on a case that could determine the fate of the popular social media platform TikTok in the United States. The case revolves around whether TikTok should be required to divest from its Chinese-owned parent company, ByteDance, or face a ban in the country. This legal battle has attracted significant attention as it involves complex issues related to national security and free speech protections.
At the center of the debate is the Protecting Americans from Foreign Adversary Controlled Applications Act, a law passed by Congress last April. The law mandated that TikTok must either sever ties with ByteDance within nine months or risk being removed from U.S. app stores and hosting services.
Lawyers representing TikTok are arguing that the law infringes on the platform's First Amendment rights by forcing it to choose between divestiture and a ban. They contend that Congress did not adequately explore less restrictive alternatives before opting for an outright ban.
On the other side, the Biden administration is emphasizing the national security implications of TikTok's Chinese ownership. The administration's lawyers assert that ByteDance's control over the app could pose significant threats to American security, focusing on ownership rather than content.
The administration's legal team also maintains that the law does not impede free speech rights, as it targets the company's ownership structure rather than its speech-related activities. They argue that the legislation does not violate the First Amendment's protections against viewpoint-based restrictions.
The Supreme Court's ruling in this case could have far-reaching consequences for the approximately 170 million Americans who use TikTok. With an expedited timeline, the justices have just nine days to issue a decision before the potential ban on January 19.
