TikTok could shut down unless Supreme Court blocks or delays U.S. ban
In a landmark case for the social media era, the U.S. Supreme Court will hear arguments on Friday about the fate of TikTok, the wildly popular platform used by nearly half of all Americans for entertainment and information. The case pits free speech against national security concerns as the justices weigh whether to block a law that could force TikTok’s Chinese parent company, ByteDance, to sell the app or face a U.S. shutdown.
TikTok has warned that the law, set to take effect on January 19, 2025, would effectively shut down the platform, which boasts over 170 million monthly users in the United States. "Absent such relief, the Act will take effect on January 19, shutting down TikTok—one of the nation’s most popular speech platforms—on the eve of a presidential inauguration," the company said in a legal filing on December 9.
Adding complexity to the case, President-elect Donald Trump has requested the court to delay the law’s implementation to allow his incoming administration to seek a political resolution. This highly unusual intervention comes after Trump reversed his prior support for a TikTok ban. His legal team argues that he is uniquely positioned to negotiate a resolution that addresses national security concerns while preserving the platform.
TikTok, ByteDance, and users of the app contend that the law violates the Constitution’s free speech protections. “Rarely, if ever, has the court confronted a free speech case that impacts so many people,” lawyers for TikTok users and content creators wrote, noting that a shutdown would disrupt the livelihoods of countless creators who rely on the platform.
Pathways to Avoid a Ban
Experts suggest TikTok has several options to avoid a complete shutdown. Once in office, Trump could instruct the Justice Department not to enforce the law or delay its implementation by 90 days, provided progress toward divestiture is demonstrated.
Even if the law takes effect, TikTok won’t vanish from users' devices immediately. While new downloads and updates would be blocked, existing users would still have access to the app, at least temporarily.
National Security vs. Free Speech
The Biden administration, which signed the law in April with bipartisan congressional support, defends it as essential to national security, citing concerns that Chinese authorities could compel ByteDance to share user data or manipulate information on the platform. However, TikTok argues there is no evidence that China has taken such actions, and restrictions on free speech should not be based on speculative risks.
A December ruling from a panel of appellate judges upheld the law, rejecting TikTok’s First Amendment claims. However, the Supreme Court must now decide whether to apply strict scrutiny—the highest level of judicial review—which could lead to the law being struck down.
High-Stakes Arguments
The court has allocated two hours for arguments, which are expected to extend further. Representing the Biden administration will be Solicitor General Elizabeth Prelogar, while Noel Francisco, Trump’s first-term solicitor general, will argue on behalf of TikTok. Stanford Law professor Jeffrey Fisher will represent content creators and users, marking his 50th Supreme Court appearance.
TikTok and its supporters emphasize the severe consequences of a shutdown, even a temporary one. The company estimates it could lose one-third of its U.S. daily users and significant ad revenue within a month.
The justices’ decision could arrive within days, shaping the future of TikTok and setting a precedent for how courts balance national security with free speech in the digital age.
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