Tik Tok creators gather before a press conference to voice their opposition to the Protecting Americans from Foreign Controlled Apps Act, pending crackdown legislation on TikTok in the House of Representatives, on Capitol Hill in Washington, US, March 12, 2024.
Craig Hudson | Reuters
On Friday, the Supreme Court will hear oral arguments in the case regarding the future of TikTok in the United States, which could ban the popular app as soon as next week.
The justices will consider whether the Protecting Americans from Censored Foreign Apps Act, a law that aims to ban TikTok and imposes harsh civil penalties on app “entities” that continue to provide the service after January 19, violates free speech protections in the US Constitution.
It is not clear when the court will issue its decision, and if Chinese company ByteDance continues to refuse to divest TikTok to an American company, it faces a complete nationwide ban.
What will change in the user experience?
TikTok's roughly 115 million monthly active users in the United States could face a range of scenarios depending on when the Supreme Court issues its decision.
If no information is received before the law takes effect on January 19 and the ban continues, users will likely still be able to post or interact with the app if they have already downloaded it. However, those users likely won't be able to update or re-download the app after that date, several legal experts said.
The thousands of short video creators who generate income from TikTok through ad revenue, paid partnerships, merchandise, and more will likely need to take their business to other platforms, like YouTube or Instagram.
“Shutting down TikTok, even for one day, would be a big deal, not just for people who create content on TikTok, but for everyone who shares or watches content,” said George Wang, a staff attorney at the Knight First Amendment Institute who led the TikTok shutdown. Help write amicus briefs on this issue.
“It sets a really dangerous precedent for how we regulate online expression,” Wang said.
Who supports and who opposes the ban?
Dozens of high-level amicus briefs from organizations, members of Congress, and President-elect Donald Trump have been filed in support of both the government and ByteDance.
The government, led by Attorney General Merrick Garland, claims that until ByteDance divests TikTok, the app remains a “powerful tool for espionage” and a “powerful weapon for covert influence operations.”
Trump's brief did not express support for either side, but he asked the court to oppose the platform's ban and allow him to find a political solution that would allow the service to continue while addressing national security concerns.
The short-form video app played a prominent role in the presidential campaigns of both Trump and Democratic nominee Kamala Harris in 2024, and is one of the most popular news sources for young voters.
In a post on Truth Social in September, Trump wrote in capital letters that Americans who want to save TikTok should vote for him. This post was quoted in his friend's feed.
What comes next?
It is unclear when the Supreme Court will issue its ruling, but with the expedited hearing in the case some have speculated that the court could issue a quick ruling.
Erwin Chemerinsky, dean of Berkeley Law, said the case would have “enormous ramifications” because TikTok's user base in the United States is so large.
“It is unprecedented for the government to ban expression platforms, especially those that are used by so many people,” Chemerinsky said. “Ultimately, there is a tension between freedom of expression issues on the one hand and national security claims on the other.”
Watch: It looks like TikTok may actually be shutting down, says Jim Cramer
