The US Supreme Court’s justices displayed scepticism towards TikTok’s attempts to overturn a federal “divest-or-ban” law, as the social media giant cautioned it might cease operations in one of its largest markets within nine days.
The legal proceedings centred on legislation requiring TikTok’s Chinese parent company ByteDance to sell the platform by 19 January or confront a nationwide prohibition. This law, backed by strong cross-party support in 2023, emerged from worries that the video-sharing platform, boasting 170 million US users, could be manipulated by Beijing for surveillance or propaganda distribution.
TikTok’s legal representation, Noel Francisco from Jones Day, argued the law targeted the company with “uniquely harsh treatment” based on governmental fears of potential Chinese pressure. Chief Justice John Roberts questioned this stance, highlighting ByteDance’s obligations to conduct intelligence work for the Chinese government. US Solicitor-General Elizabeth Prelogar emphasised national security concerns, citing Beijing’s potential to weaponise TikTok through data collection. She alleged ByteDance had previously misappropriated data to track dissidents in Hong Kong and Uyghurs in China, including unauthorised access to US journalists’ information.
The situation is further complicated by Donald Trump’s unexpected support for TikTok, as he pledges to “save the app” upon his potential return to the White House. Trump’s position appears motivated by a desire to maintain competition against Meta, which he has criticised for alleged censorship of conservative content. ByteDance maintains a divestiture would be technically unfeasible within the deadline, while Beijing opposes any sale, labelling the law as commercial theft. The Supreme Court’s impending decision could dramatically impact social media dynamics, content creation livelihoods, and US-China relations.
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