TikTok's legal fight intensifies as US Supreme Court reviews potential shutdown

A majority of the US Supreme Court seemed inclined to uphold a controversial ban on TikTok, focusing on national security concerns rather than First Amendment protections.

During more than two hours of oral arguments, several justices expressed scepticism about the app's potential foreign control due to its Chinese parent company, ByteDance, and its widespread use among 170 million Americans, Caliber.Az reports via US media.

The law, passed by Congress in April, mandates that TikTok must divest from ByteDance or face restrictions on its operations in the US It is set to take effect on January 19 unless the Supreme Court intervenes to block it temporarily. A decision on whether the law can be enforced immediately is expected soon, possibly before the justices resolve the deeper constitutional questions at play.

During the oral arguments, TikTok's lawyer, Noel Francisco, warned that if the ban is enforced, “TikTok will go dark starting on January 19.” Francisco, a former solicitor general under the Trump administration, stated, “As I understand it, we shut down,” if the law stands. He clarified that TikTok would likely be removed from app stores, which would prevent new users from downloading the app. However, for those who already have it on their phones, the app would remain installed but could eventually become buggy and insecure due to the inability to receive updates.

Francisco emphasized that this restriction could also apply to other service providers that support the app, saying, "All of the other types of service providers can’t provide service either. Now, there’s enormous consequences for violating that for the service providers." He warned that existing users who cannot access updates could face security vulnerabilities, making the app increasingly unusable.

The legal battle centres on national security, with the US government viewing the app's ties to China as a significant concern. Although TikTok’s defence focuses on First Amendment protections for free speech, the Court's discussion mostly centred on the government’s ability to regulate foreign influence over a platform used by millions of Americans. Justice questions suggested that the issue may be more about the country's security than free speech, with the Court considering the law’s focus on regulating foreign-controlled entities.

TikTok's future remains uncertain even if the Court upholds the ban. Francisco pointed out that even if TikTok faces restrictions, “it is possible that come January 20th, 21st, 22nd, we might be in a different world.” This remark reflects the uncertainty surrounding the new administration, as former President Trump has previously expressed interest in saving the app, and the law provides wide discretion for the president to enforce the ban or negotiate an alternative solution.

In the meantime, National Security Communications Advisor John Kirby told reporters that the White House was “working on this really, really hard,” but did not provide further details. The potential ban has raised concerns over its impact on American users and its broader geopolitical implications. The Supreme Court's decision in the coming weeks will determine whether TikTok's presence in the US will remain intact or whether the ban will go forward.

By Tamilla Hasanova