TikTok makes final bid in effort to prevent US ban

TikTok will appear before the US Supreme Court on Friday in a final attempt to block a looming national ban, in a case that flags concerns over national security and free speech rights.

The platform is challenging a law passed last year that requires it to separate from its Chinese parent company, ByteDance, or be banned in the US by 19 January.

The Protecting Americans from Foreign Adversary Controlled Applications Act, signed into law by President Joe Biden, requires ByteDance to sell TikTok to an American company or face a nationwide ban.

Lawmakers backing the bill have expressed concern about the Chinese company’s potential access to large amounts of US user data and its ability to influence public opinion through content moderation.

According to US officials, the app poses a security risk and could be used by China for surveillance or political manipulation.

TikTok has repeatedly denied these allegations. In a statement, the company said, “We believe the court will find the TikTok ban unconstitutional so the over 170 million Americans on our platform can continue to exercise their free speech rights.”

The app has framed the measure as a violation of the First Amendment, arguing that it suppresses one of America’s most popular platforms for political discourse, commerce, and creative expression.

The lower courts supported the government’s position, but last month the case took a turn when President-elect Donal Trump called for a delay in enforcement, seeking to negotiate a settlement as soon as he takes office.

According to a BBC report, legal experts say it is unclear how the Supreme Court will rule, as it is rare for previous rules to be overturned.

Saurabh Vishnubhakat, a law professor at Cardozo School of Law, told the broadcaster: “When you have a real government interest pitted against a real constitutional value, it ends up being a very close case. But in such close cases, the government often gets the benefit of the doubt.”

While not banning the app outright, the bill would require companies like Apple and Google to remove it from their platforms, and according to most analysts this could be enough to effectively shut it down.

TikTok is already banned from government devices in many countries and has faced an outright ban in India.

US officials claim that ByteDance could be forced by the Chinese government to hand over user data or manipulate content for political purposes.