Supreme Court May Allow Ban on TikTok Over National Security Concerns

The future of the social media app TikTok in the United States hangs in the balance. The Supreme Court recently heard arguments about a law passed by Congress that would ban TikTok unless its Chinese-based parent company, ByteDance, sells its stake in the app. The government claims the ban is needed to protect national security. TikTok argues that the law threatens free speech rights and is based on fears that the Chinese government might misuse user data or manipulate what people see on the app.

Below is an overview of what happened during the Supreme Court’s hearing and what it might mean for TikTok users in the U.S.

1. The Law and Its Purpose

In April, Congress approved a rule that would force ByteDance (TikTok’s parent company) to either sell its stake in TikTok or face an outright ban. The main worry is that the Chinese government could use TikTok to collect sensitive data from its 170 million U.S. users or subtly control what videos and information Americans see.

If ByteDance does not sell its stake, the ban would officially begin on January 19. TikTok asked the Supreme Court to block the ban so it can keep operating while the legal fight continues.

Both the Trump and Biden administrations have said they worry about TikTok. They claim the Chinese government might use the app to gather data or influence content. TikTok argues there’s no proof this is happening.

2. Does the First Amendment Apply?

The First Amendment protects free speech, which is a big part of why TikTok says the government can’t ban it. However, Chief Justice John Roberts and other justices seemed doubtful that the First Amendment directly applies here.

Chief Justice Roberts suggested the government isn’t trying to silence people’s speech; it’s trying to stop a “foreign adversary” from collecting information on American citizens.
He also pointed out that the Supreme Court has never used the First Amendment to strike down a law that focuses on a company’s ownership or structure.

Justice Elena Kagan questioned if TikTok itself is protected by the First Amendment, since it is owned by a foreign corporation. On the other hand, she also raised questions challenging the government’s arguments, showing she’s still weighing both sides.

3. National Security Concerns

The government’s top lawyer, Solicitor General Elizabeth Prelogar, emphasized the risk that China could use TikTok’s huge amount of user data “for harassment, recruitment, or espionage.”

Justice Brett Kavanaugh and Chief Justice Roberts seemed to agree that the government might need to step in to protect U.S. national security.
They worry that China could collect personal information on users that might be used for blackmail in the future.

TikTok’s lawyers say these fears are not supported by proof. However, historically, the Supreme Court has often let the government decide what to do in national security cases.

4. Concern About Banning Speech

Some justices, like Justice Neil Gorsuch, wondered if completely banning TikTok was too extreme. He mentioned that when speech seems dangerous, the usual solution is to encourage more speech, not less. TikTok’s lawyers said Congress could have tried warning labels or other precautions instead of an outright ban.

Gorsuch asked if under the government’s logic, a foreign-owned newspaper could also be shut down.
The Solicitor General argued that newspapers have a more obvious editorial process and don’t rely on secret recommendation algorithms.

Justice Kagan noted that during the Cold War, Americans were allowed to read Soviet propaganda. She questioned if a total ban would go too far and whether, in America’s history, there’s been a tradition of allowing even hostile foreign viewpoints rather than banning them outright.

5. What Happens on January 19?

If the Supreme Court does not block the law, TikTok’s lawyer Noel Francisco says the app will be forced “to go dark” on January 19.

TikTok could be removed from app stores, which means new users wouldn’t be able to download it.
People who already have the app could keep it, but it wouldn’t update, making it eventually outdated and more vulnerable to security issues.

There is also a possibility that the government or the next president (Donald Trump is set to return to office) could delay or change how the ban is enforced. That means even if the Supreme Court upholds the ban, the new administration might decide to allow TikTok more time or change the rules.

6. Trump’s Role

Although he hasn’t yet been sworn in at the time of the arguments, Trump filed a brief asking the Court to delay the ban’s start date so that his team could negotiate a deal with TikTok once he becomes president again.

Justice Samuel Alito asked if the Supreme Court has the power to pause the ban while it decides.
Prelogar agreed the Court has that power, but she reminded the justices that the case has already been argued and they have the information needed to make a decision.

Conclusion

The Supreme Court is weighing whether the First Amendment should protect TikTok or if national security concerns justify an immediate ban. Many justices appear to side with Congress’s power to regulate foreign threats. However, they also show concern about banning an entire platform used by millions.

A decision on whether to pause the ban or let it take effect on January 19 will come soon. After that, there may be more time for further legal review. High school students who use TikTok should keep an eye on these developments, as they could change how – and if – they can use the app in the near future.