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TikTok will appear before the U.S. Supreme Court on Friday in a final effort to block a law that could ban the app in the U.S. starting January 19, unless its Chinese owner, ByteDance, divests its ownership. The case centers on national security concerns and free speech rights, with the platform arguing the measure violates the First Amendment and unfairly targets its 170 million American users.
The U.S. government claims TikTok poses a “grave” threat, alleging the Chinese government could force ByteDance to provide user data or manipulate content to further Chinese interests. TikTok has repeatedly denied these claims, calling the legislation unconstitutional and based on flawed assumptions.
The Supreme Court’s decision comes after a three-judge appeals court upheld the law in December, citing China’s track record of leveraging private companies for its strategic aims. The legislation, supported by both parties in Congress, does not directly ban TikTok but would require app stores to stop offering it and block updates, effectively making it obsolete over time.
READ MORE: TikTok seeks pause ahead of Supreme Court ruling
The case has taken a political turn as President-elect Donald Trump recently requested a pause in the law’s enforcement to negotiate a potential resolution once he takes office on January 20. Trump, who previously called for banning TikTok during his first term, has softened his stance, expressing opposition to the ban during his campaign.
Trump’s legal team described the case as presenting a “novel and difficult tension” between free speech rights and national security concerns. However, his nominee for Secretary of State, Senator Marco Rubio, supports banning the app outright.
TikTok’s potential removal from the U.S. market has sparked outcry from users and advocacy groups. The American Civil Liberties Union and Freedom of the Press Foundation have argued that the government has not provided credible evidence of harm caused by the app.
Despite the legal challenges, analysts believe a ban is likely inevitable. Attorney Peter Choharis, representing the Foundation for Defense of Democracies, noted that any compromise between ByteDance and the U.S. government would be difficult to achieve.
The Supreme Court's decision, expected within days, will determine whether TikTok can continue operating in the U.S. or face its most significant regulatory challenge yet.
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