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

TikTok has argued that a sale is impossible due to China’s export restrictions on its algorithm and the law’s prohibition on a U.S. version of TikTok collaborating with ByteDance engineers globally.

Jan. 19th: The date TikTok goes dark

Francisco acknowledged that if TikTok loses the case, the app will effectively shut down on Jan. 19.

“It’s essentially going to stop operating,” he said, adding that TikTok would disappear from app stores and service providers wouldn’t be able to support it. Francisco urged the court to grant a preliminary injunction to “buy everyone a little breathing room.”

Cat videos wont topple national security

Fisher argued that the content recommendation algorithm, which controls the videos users see, is unrelated to data security.

“The government itself is here saying ‘national security’…so like a mix of cat videos or dance videos doesn’t affect national security,” said Fisher. He also pointed out that if data security were truly a priority for Congress, it would have regulated Chinese shopping apps like Shein and Temu.

“What is Congress really worried about these dramatic risks leave out an ecommerce sites like Temu that has 70 million Americans using it?” Fisher said.

Shutdown of TikTok = Shutdown of X?

Fisher focused on the issue of ownership, drawing a parallel between a potential TikTok shutdown and a hypothetical scenario where X is forced to shut down due to its current owner Elon Musk. He argued that users who rely on the platform to post and make a living would have a First Amendment claim.

“American creators have a right to work with the publisher of their choice,” he said.

TikTok: The platform of choice for all—even a 2024 presidential candidate

Fisher argued that telling TikTok creators to simply post elsewhere is insufficient. He emphasized that TikTok offers a unique editorial perspective that benefits creators, particularly ordinary Americans, who gain visibility based on the quality of their content, not fame.

“Whether you’re an ordinary American citizen or a presidential candidate in our last election, if you want to reach new and different audiences, TikTok is the place people go,” he said.