The Supreme Court is handling an important case about TikTok and how it relates to free speech and national security. TikTok, a popular social media app, may face a ban in the U.S. starting January 19, 2025. This will happen unless the Supreme Court stops or delays a law that requires TikTok to be sold by its Chinese parent company, ByteDance.

TikTok explained in court documents that if the law takes effect, it would shut down TikTok for over 170 million users in the U.S. right before the next presidential inauguration.

Meanwhile, President-elect Donald Trump, who previously supported banning TikTok, is now asking the court to give more time to figure out a solution. His team says that Trump's negotiation skills could help protect TikTok while also dealing with the government’s national security concerns.

Why is TikTok facing a ban?

The U.S. government, led by President Biden, believes TikTok's Chinese parent company, ByteDance, could threaten national security. Officials worry the Chinese government might force ByteDance to share U.S. user data or use TikTok to influence information. However, TikTok's lawyers argue that the government has admitted, “It has no evidence China has ever attempted to do so.”

The law banning TikTok was approved by Congress with strong support from both parties and signed by President Biden in April. The Biden administration supports the law, saying, “No one can seriously dispute that (China’s) control of TikTok through ByteDance represents a grave threat to national security.” TikTok's legal team disagrees, arguing that banning TikTok over possible future risks goes against free speech protections in the Constitution.

Content creators worried

Many creators and users are worried about TikTok's possible ban, saying it could harm their work and income. TikTok is an important platform for creators, businesses, and everyday people. Lawyers for creators explained, “Rarely if ever has the court confronted a free-speech case that matters to so many people.”

If the ban happens, TikTok won’t immediately vanish. But users won’t be able to update the app, and new users won’t be able to download it. This could lead to big drops in TikTok’s revenue and fewer people using the platform.

Trump’s Influence on the Case

In an unusual twist, President-elect Donald Trump has requested the court to pause the law temporarily. His legal brief states, “President Trump alone possesses the consummate dealmaking expertise, the electoral mandate, and the political will to negotiate a resolution to save the platform.”

Trump’s campaign extensively used TikTok to connect with younger voters, and Trump himself has 14.7 million followers on the app. In December, he met TikTok’s CEO, Shou Zi Chew, at Mar-a-Lago in Florida to discuss the issue. Trump’s request adds complexity to the case, with his new administration set to take office just one day after the law is supposed to take effect.

Potential solutions for TikTok

Experts have suggested some ways TikTok might avoid the ban without depending fully on the Supreme Court. For example, the incoming Trump administration could ask the Justice Department not to enforce the law or delay it by 90 days. During this delay, TikTok would need to show clear progress in resolving the concerns about its ownership and security.

Even if TikTok avoids a complete shutdown for now, the platform could still face major problems. If the app becomes unavailable for even one month, TikTok might lose about one-third of its daily U.S. users. This would result in big losses in advertising money and less activity from its users.

Court faces challenging questions

The Supreme Court faces a tough decision in this case. TikTok, ByteDance, and their supporters want the court to apply "strict scrutiny," the highest legal standard for reviewing laws. Under this standard, laws that limit free speech are rarely approved. However, two judges who earlier upheld the law said this case might be an exception because it involves national security.

Elizabeth Prelogar, the top lawyer for the Biden administration, will argue that the law is necessary to protect U.S. interests. On the other side, Noel Francisco, TikTok’s lawyer, and Jeffrey Fisher, representing creators, will argue against the law, saying it harms free speech rights.

The justices, who don’t have much experience with TikTok or similar platforms, must decide a case with significant impact on the future of social media and free speech. A decision is expected just days before the law might take effect.

What happens next?

The Supreme Court's decision in this case could set an important example for how the U.S. handles platforms owned by foreign companies. The Biden administration compares TikTok’s situation to existing rules that limit foreign ownership in areas like radio. However, TikTok’s lawyers argue that banning the app is different because it affects free speech for millions of people.

This case is crucial not only for TikTok’s users and content creators but also for tech companies around the world. The court’s decision could either give TikTok more time to operate in the U.S. or clear the way for its ban. The outcome will have a big impact on social media and how foreign-owned apps are treated in the future.