It opened its doors last Friday, 10 January, and heard arguments concerning TikTok’s appeal against the law that is likely to push the Chinese company owning the platform to sell off or shut the app down in its entirety. The case relates to national security concerns and a free speech battle over the video-sharing app, likely to affect this app in so many ways given that a probable ban takes place on 19 January.
TikTok’s Defense:
TikTok’s lawyer, Noel Francisco, during nearly three hours of testimony argued that the government must investigate other options before an outright ban on the application. Francisco stated that it might be sufficient to take data sharing to an extent, and it can issue warnings to the users. Francisco also asked the government to prove that its claim of technically difficult restriction on data sharing is true, and he pointed out that other similar Chinese apps like Temu and Shein also collect substantial data from American users without facing such scrutiny. He further emphasized that the government cannot restrict speech to protect citizens from speech, a principle central to the First Amendment.
Government’s Position:
Representing the US government, Solicitor General Elizabeth Prelogar claimed that the relationships of TikTok with China created a distinctive and significant national security risk.
“The vast amounts of data the app collects are also ripe for espionage or blackmail; given the prevalence of the app in the lives of young Americans some of whom one day may take up military service or work for the government. Prelogar emphasized the danger of letting a foreign adversary gain access to such sensitive personal data.
Judicial Skepticism:
The Justices seemed skeptical of some of the government’s arguments. Justice Elena Kagan pointed out that the Chinese ownership of TikTok is already known, and Justice Neil Gorsuch questioned whether it would be too paternalistic to ban the app over risks that have not yet materialized.
With the deadline looming on January 19, this case is what will determine TikTok’s fate in the US.
