TikTok ban case: US Supreme Court puts focus on national security in oral arguments

Justices’ questions about popular platform suggest First Amendment free-speech rights could take back seat to ByteDance’s Chinese ownership

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The US Supreme Court agreed to hear oral arguments in the case after a lower court upheld the law in December. Photo: AFP

Khushboo Razdanin Washington,Kawala Xiein WashingtonandMark Magnierin New York

Published: 9:02pm, 10 Jan 2025Updated: 7:38am, 11 Jan 2025

The US Supreme Court heard oral arguments on Friday in one of the most significant free-speech cases of the social media era, possibly determining whether the wildly popular TikTok app can continue operating in the US without severing ties to its Chinese parent, ByteDance.

The hearing saw the justices of America’s highest court ask questions that appeared more focused on national security concerns than the social media company’s free-speech arguments.

It is unclear when a ruling will come, but the clock is working against TikTok, which has 170 million American users, with the law’s date of effect, January 19, days away.

If the Supreme Court does not rule in the company’s favour by then, TikTok will be removed from all US app stores. Those who already have the app will not be able to update it.

US Supreme Court Chief Justice John Roberts posed questions at the hearing in Washington on Friday. Photo: AFP

Noel Francisco, a lawyer for TikTok, argued that data security concerns were overblown and that the US government’s “real target” in banning the company was “speech itself”.

The government, represented by US Solicitor General Elizabeth Prelogar, countered that ByteDance is a foreign organisation operating abroad and as such has no First Amendment free-speech rights.