TikTok will make a final attempt to lift a restriction before the U.S. Supreme Court on Friday, in a case that will test the boundaries of free expression and national security.
The case revolves around a rule issued last year, requiring TikTok to either separate from its Chinese owner, ByteDance, or face a ban in the U.S. by January 19. TikTok is contesting this rule, arguing that it infringes on the free speech rights of its over 170 million American users.
In the absence of a sale, the U.S. government contends that TikTok might be exploited by China for political influence and espionage.
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TikTok denies US allegation
However, TikTok denies that allegation, claiming it has been unfairly singled out and that the action infringes on the right to free speech of its over 170 million American users.
While lower courts have sided with the government, the case became more complex last month when President-elect Donald Trump intervened, asking for a delay in the law’s implementation to allow more time for negotiations.
It is unclear how the Supreme Court will rule, but analysts believe it would be unusual for the court to overturn the previous decisions, even with the backing of a new president.
“When you have a real government interest pitted against a real constitutional value, it ends up being a very close case,” said Cardozo School of Law professor Saurabh Vishnubhakat.
“But in such close cases, the government often gets the benefit of the doubt.”
The Supreme Court might render a ruling in a matter of days.
The case follows years of concern about TikTok’s rising popularity, particularly among younger users, and its potential for misuse by the Chinese government. Both the Democratic and Republican parties have supported legislation against TikTok, which was passed by Congress last year.
While the law does not outright ban the app, it would force major tech companies like Apple and Google to remove TikTok from their stores and prevent updates, effectively rendering the app unusable.
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Numerous countries prohibit TikTok due to security concerns
Numerous countries have already restricted TikTok, with the UK banning it on official devices and India prohibiting it entirely.
The U.S. argues that TikTok poses a “severe” national security threat, as the Chinese government could pressure ByteDance to access user data or manipulate content for political purposes.
In December, a three-judge appeals court upheld the rule, citing China’s history of using private companies for state objectives and justifying the policy as “part of a broader effort to counter a well-established national security threat.”
TikTok has consistently rejected the idea of Chinese Communist Party involvement and maintains that the regulation is based on “inaccurate, flawed, and hypothetical information.” The company is urging the Supreme Court to declare the rule illegal or impose a halt to its implementation for further review.