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TikTok might be facing a shutdown in just over a week. On Friday (Jan. 10), the social media giant presented its arguments to the Supreme Court, but judges — for better or worse — appear to be leaning toward upholding the sale-or-ban law slated to take effect on Jan. 19.
During the two-hour hearing, TikTok attorney Noel Francisco argued that the platform was being subjected to “uniquely harsh treatment.” Early on, he questioned whether the legal issues should be deferred until after Donald Trump takes office on Jan. 20. Chief Justice John Roberts, however, quickly outlined the Court’s “main concern”: ByteDance’s legal obligation to cooperate with Chinese intelligence operations.
Solicitor General Elizabeth Prelogar, who stepped in for the Biden administration, weighed in on the potential risks, noting that most of TikTok’s 170 million American users likely don’t see the danger now but might regret it later. “For the Chinese government to have this vast trove of incredibly sensitive data about them, I think, obviously exposes our nation as a whole to a risk of espionage and blackmail,” she shared.
The First Amendment defense TikTok relied on during its push for an emergency injunction was also quickly dismissed, with justices stating that foreign corporations aren’t afforded those rights. When asked if the app could simply be recreated, attorney Noel Francisco countered that it would result in a “fundamentally different platform.”
“Empirically, other companies have been trying for a few years to catch up with TikTok and replicate it,” Stanford law professor Jeffrey Fisher noted. “But they have been unsuccessful, and that ought to tell you something.”
The Supreme Court generally takes months to reach a decision, but the gravity of the situation could lead to a response in the coming days. TikTok has already confirmed it will shut down its platform in the U.S. if SCOTUS doesn’t agree to block or delay the ban.
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