The pressure is mounting on TikTok as its Chinese parent company, ByteDance, faces a Jan. 19 deadline for divestment, or the popular social media platform may face a TikTok ban. During the Supreme Court TikTok hearing on Friday, justices expressed skepticism toward some of TikTok’s free-speech arguments. This hearing could ultimately decide whether the TikTok ban will go into effect as planned.
Legal Experts Predict the TikTok Ban Will Be Upheld
Several legal experts now predict that the Supreme Court will uphold the law mandating TikTok's divestment, which could lead to a TikTok shutdown. "It sounds to me like there is a majority of justices prepared to rule on the merits before the 19th and uphold the law," said Barry McDonald, a law professor at Pepperdine University. G.S. Hans, a law professor at Cornell University, added, "After today’s arguments, the consensus that the court will allow the ban to go into effect seems correct." This could mean TikTok banned in the U.S. unless a negotiated resolution occurs before the TikTok ban date.
Supreme Court Justices Question TikTok’s Ties to China
During the TikTok Supreme Court hearing, justices from both sides of the ideological spectrum raised concerns about TikTok’s connection to ByteDance, its Chinese parent company, and the potential for the Chinese government to access the data of 170 million U.S. TikTok users. Chief Justice John Roberts questioned, "Are we supposed to ignore the fact that the ultimate parent is in fact subject to doing intelligence work for the Chinese government?" These concerns point to national security issues and the threat of data misuse, especially with TikTok’s required compliance with Chinese government data requests.
TikTok Defends Itself with Free Speech Argument
In defense, TikTok argued that its algorithm is an editorial expression protected under the First Amendment, claiming it constitutes a form of free speech. TikTok's lawyer also argued that creators should have the right to choose their platform, as guaranteed by the First Amendment. However, Justice Elena Kagan countered that the federal law mandating TikTok's divestment is specifically targeted at a foreign corporation, which does not have First Amendment protections.
Data Privacy Concerns Highlighted by Justices
Justice Sonia Sotomayor raised concerns about the data TikTok collects, not only from its users but also from their contacts, even those who are not on the platform. "Not only is TikTok getting your information, but it’s also asking for permission to access your contact list, even if the contact hasn’t permitted it," Sotomayor noted. This raises serious privacy concerns, especially regarding the Chinese government’s ability to access such data. For the U.S., the issue is not whether users consent, but the potential misuse of that data by foreign powers.
What Does This Mean for TikTok's Future?
As the TikTok Supreme Court hearing continues to unfold, the question remains: When will TikTok be banned? If the Supreme Court rules to uphold the TikTok ban, the platform could be forced to shut down or divest, potentially leading to a TikTok shutdown in the U.S. by January 19. The Supreme Court TikTok decision will likely determine whether the app is permanently shut down or whether it can continue operating in the U.S. under new regulations.
Trump’s Stance on the TikTok Ban
Former President Donald Trump, who previously expressed support for TikTok, has requested that the Supreme Court suspend the TikTok ban date and explore a negotiated resolution. Trump suggested that he would be responsible for handling national security concerns as president and prefers a TikTok ban update rather than a complete shutdown.
Conclusion: Will TikTok Be Banned in 2025?
The question now is: Is TikTok getting banned in 2025? With the Supreme Court’s skeptical stance and the upcoming TikTok hearing, it seems increasingly likely that the TikTok ban will go into effect unless TikTok finds a way to resolve these concerns. As of now, it appears that the legal challenges surrounding TikTok and its data-sharing practices with the Chinese government could lead to the platform’s eventual shutdown in the U.S., raising the stakes for ByteDance and its future in the country.
The situation is evolving, and the Supreme Court TikTok case will be closely watched as it could set a precedent for how U.S. law views foreign-owned platforms and their ties to governments with conflicting interests. The TikTok shutdown could be imminent, but whether this happens before the TikTok ban date remains uncertain.