In a pivotal case testing the balance between national security and free speech, TikTok is set to appear before the US Supreme Court on Friday in a bid to overturn a looming ban on the platform.
The Chinese-owned social media giant, which boasts 170 million American users, is contesting a law passed last year requiring it to sever ties with its parent company, ByteDance,or face a complete ban in theUnited States by January 19.
While the US government argues that TikTok poses a national security threat, alleging that China could use the platform to spy on users or manipulate public opinion.
TikTok has denied the claims, insisting the ban violates the First Amendment rights of its users.
The case has drawn significant attention due to its potential impact on tech regulation, foreign policy and digital rights in the US.
Speaking on the matter, Professor Saurabh Vishnubhakat of the Cardozo School of Law noted that the court faces a delicate balancing act.
“When you have a real government interest pitted against a real constitutional value,it ends up being a very close case,” he said.
“But in such close cases, the government often gets the benefit of the doubt.”
The US government claims that TikTok’s ownership by ByteDance opens the door for Chinese authorities to access sensitive user data or manipulate the platform’s algorithm to spread propaganda.
“Tiktok presents a grave threat to US national security,” a government lawyer said, citing China’s record of exerting influence over private companies.
The TikTok saga took a twist when President-elect Donald Trump weighed in on the issue last month, asking for the ban’s enforcement to be paused to allow his administration time to explore a deal,
Trump, who previously called for a ban on TikTok during his first term, reversed his stance while campaigning for his second term.
His legal team submitted a brief requesting a temporary hold on the law, arguing that the matter involves “unprecedented tension” between free speech and national security.
Interestingly, Jeff Yass, a major TikTok stakeholder and Trump donor could play a key role in brokering any potential deal to keep the app operational in the US.
The TikTok ban has sparked widespread debate about tech regulation and China’s growing influence in global technology.
Critics of the ban, including the American Civil Liberties Union and Freedom of the Press Foundation, argue that the US government has failed to present credible evidence of ongoing harm from TikTok’s operations.
However, supporters of the government’s position believe the threat is real.
“This fight isn’t about speech or content,” saidPeter Choharis of the Foundation for Defense of Democracies, a Washington-based think tank.
“It’s about control. The Chinese Communist Party has demonstrated its willingness to use private companies to achieve strategic aims. TikTok is no exception.”
If TikTok loses the case, tech giants like Apple and Google would be required to remove the app from their app stores, effectively shutting down TikTok in the US.
Analysts warn that the ban could have ripple effects worldwide, with other countries potentially following suit.
TikTok is already banned on government devices in several countries, including the UK, and has faced complete bans in places like India.
TikTok maintains that it is independent of the Chinese government and that its data protection policies are strong enough to prevent interference.
The company argues that **forcing a sale would set a dangerous precedent and curtail digital freedoms in the US.
A Supreme Court ruling on the matter is expected within days, and analysts believe the decision could shape the future of tech regulation in the US and beyond.
For now, millions of TikTok users in America are anxiously waiting to see whether the platform will remain part of their digital lives — or become the latest casualty of a growing tech cold war between the US and China
