TikTok Ban Update: Supreme Court Seems To Lean Toward Upholding It

The future of TikTok in the United States looks increasingly uncertain as the Supreme Court signals support for banning the popular social media app. Following Congress’s approval of the ban in April, a majority of justices now appear inclined to uphold the measure. The court’s stance became clearer during a recent session of oral arguments involving TikTok’s legal team and content creators, CNN reported.

First Amendment Concerns vs. National Security Risks

TikTok supporters argue that the ban infringes on First Amendment rights, but the court maintains that the China-based app poses a national security risk.

“The law is only targeted at this foreign corporation, which doesn’t have First Amendment rights,” Justice Elena Kagan told TikTok’s lawyers, per CNN. She compared the situation to past concerns about foreign influence, saying, “In the mid-20th century, we were very concerned about the Soviet Union, and what the Soviet Union was doing in this country.”

Representing the Biden administration, Solicitor General Elizabeth Prelogar argued that TikTok’s vast data collection could be exploited by China for surveillance and manipulation.

“For years, the Chinese government has sought to build detailed profiles about Americans—where we live and work, who our friends and coworkers are, what our interests are, and what our vices are,” Prelogar stated, according to CNN.

Justice Brett Kavanaugh echoed these concerns, highlighting that China could use Americans’ personal data for blackmail or influence.

“China is accessing information about millions of Americans—tens of millions of Americans—including teenagers and people in their twenties,” Kavanaugh said. “A generation from now, those same individuals could be working in the FBI, CIA, or State Department.”

Dissenting Views on the TikTok Ban

Justice Neil Gorsuch expressed skepticism about the ban, emphasizing free speech protections.

“Don’t we normally assume that the best remedy for problematic speech is counter speech?” Gorsuch questioned. He even suggested that TikTok could post a disclaimer on its platform, warning users of potential manipulation by China.

Potential Impact of the TikTok Ban

If upheld, the ban would require TikTok to cease operations in the U.S. by Jan. 19, and the app would be removed from app stores.

“But in addition, what the act says is that all of the other types of service providers can’t provide service either,” Attorney Noel Francisco explained to CNN. “Now, there’s enormous consequences for violating that for the service providers.”

While new users wouldn’t be able to download TikTok, existing users could continue using the app—though without updates, it may pose security risks.

Political Uncertainty Surrounding the Ban

President-elect Donald Trump has previously hinted that he may pause the TikTok ban, but it remains unclear how his administration will proceed once he takes office.