A Skeptical Supreme Court Weighs TikTok’s Future in the U.S.

In a case with far-reaching implications for the future of social media, the Supreme Court today reviewed oral arguments on a federal law that could force TikTok to shut down in the U.S. within two weeks unless the app severs ties with its Chinese parent company, ByteDance. The oral arguments lasted nearly three hours.

The Court reviewed two consolidated cases challenging the law—one filed by TikTok and ByteDance, and another brought by TikTok content creators. At the heart of the case is a clash between TikTok’s defense of free speech and national security concerns raised by the feds.

Arguing on behalf of TikTok was Noel Francisco, with Jeffrey Fisher representing the content creators. Elizabeth Prelogar appeared for the government.

Justices appeared skeptical of TikTok’s arguments, probing how its First Amendment rights apply when the law specifically targets the foreign-owned ByteDance and its algorithm. Meanwhile, they pressed the government on its central argument—that the issue lies in the national security risk of “covert” Chinese government manipulation of content and user data collection.

The court is likely to rule by the end of next week, with the decision impacting nearly 170 million American users who use the app.

Here are the key moments from today’s hearing.

TikTok sale isn’t possible

Justice Elena Kagan pressed TikTok’s Francisco on why TikTok couldn’t divest from ByteDance, pointing out that the statute requires only the foreign parent company to divest, leaving TikTok to “do what every actor in the United States can do, which is go find the best available algorithm.”