TikTok Lawyer Warns of Potential Fallout if US Congress Enforces Ban
President Joe Biden, who signed the measure into law, has defended its necessity alongside his administration.
A contentious law requiring TikTok’s Chinese parent company, ByteDance, to either sell the app or face a ban in the United States on national security grounds took center stage during Supreme Court arguments on Friday.
Lawyers for TikTok and ByteDance voiced concerns over the law’s broader implications, emphasizing that its endorsement could set a troubling precedent for other companies.
Noel Francisco, representing TikTok and ByteDance, warned, “If Congress can impose such measures on TikTok, it could similarly target other companies.”
The law, which has a January 19 deadline, mandates ByteDance to divest its ownership of TikTok or risk the app being banned.
TikTok’s legal team argues that the measure infringes upon the First Amendment’s protection against government restrictions on free speech.
The companies have requested a delay in the law’s implementation, pending further review.
Supreme Court Weighs the Issue
During Friday’s session, several justices signaled a willingness to uphold the law but also raised concerns about its potential First Amendment violations.
TikTok’s massive user base—approximately 170 million Americans, or nearly half the country’s population—adds significant weight to the case.
Passed last year with overwhelming bipartisan support, the legislation stems from fears that the Chinese government could exploit TikTok for espionage or covert influence campaigns.
President Joe Biden, who signed the measure into law, has defended its necessity alongside his administration.
The Role of ‘Foreign Adversaries’
Solicitor General Elizabeth Prelogar, arguing on behalf of the Biden administration, stressed the urgency of the law’s January 19 deadline. “Foreign adversaries do not willingly relinquish control over such a significant communications channel,” Prelogar said. She suggested that the deadline was designed to push ByteDance toward divestiture.
Should the ban take effect, major platforms like Apple and Google would no longer offer TikTok for download to new users.
While existing users could continue to access the app, the lack of updates and supporting services would eventually render it unusable.
Trump Seeks Delay
Former President Donald Trump, set to take office the day after the deadline, has opposed the ban.
On December 27, he urged the court to postpone the deadline, allowing his incoming administration to explore a political resolution.
Implications for the Future
TikTok’s fate in the United States hinges on the resolution of this legal battle.
Beyond the app itself, the case has broader implications for how the U.S. government regulates foreign-owned companies and addresses national security concerns in the digital age.