It appears that SCOTUS justices are not expected to hinder or postpone the mandate scheduled to begin on Jan. 19.
TikTok could be at risk of shutting down in slightly more than a week. On Friday (Jan. 10), the social media behemoth presented its case to the Supreme Court, but the judges — for better or worse — seem to be favoring the enforcement of the sale-or-ban law set to commence on Jan. 19.
In the two-hour hearing, TikTok’s lawyer Noel Francisco claimed that the platform faced “uniquely harsh treatment.” Initially, he raised the question of whether the legal matters ought to be postponed until after Donald Trump assumes office on Jan. 20. Chief Justice John Roberts, nevertheless, promptly highlighted the Court’s “primary issue”: ByteDance’s legal duty to assist Chinese intelligence activities.
Solicitor General Elizabeth Prelogar, representing the Biden administration, commented on the possible dangers, emphasizing that many of TikTok’s 170 million American users probably don’t perceive the threat currently but may regret it in the future. “Having such a vast collection of highly sensitive information about us poses a risk of espionage and blackmail to our entire nation, I believe,” she expressed.
The First Amendment argument that TikTok used in its bid for an emergency injunction was swiftly rejected, with justices declaring that foreign companies do not have those rights. When questioned about the possibility of merely recreating the app, attorney Noel Francisco responded that it would lead to a “fundamentally distinct platform.”
Stanford law professor Jeffrey Fisher pointed out, “Other companies have been attempting for several years to catch up with TikTok and imitate it.” “However, they have not succeeded, and that should indicate something to you.”
The Supreme Court usually requires months to make a decision, yet the seriousness of the issue may prompt a reply in the upcoming days. TikTok has confirmed it will close its platform in the U.S. if the Supreme Court does not agree to halt or postpone the ban.
