The Supreme Court is soon going to make a landmark legal case that may spell the end for TikTok in the United States. The popular app, with over 170 million users across America, could be banned effective January 19, 2025, if its Chinese parent company, ByteDance, doesn’t divest. The case has sparked intense debates over free speech and national security.
The law, which President Joe Biden signed in April 2024 and a federal appeals court affirmed, is based on an ongoing nationwide ban over issues of Chinese influence and data privacy. Conversely, TikTok and its proponents assert that the U.S. injunction is unconstitutional, as it violates the rights of its users under the First Amendment. Content creators earning a living from the application and marketers wanting to reach young consumers are nervously waiting for the verdict.
TikTok has proposed some circumventions, like refunding the undelivered ads, to avoid a potential shutdown. However, it is unlikely that the advertisers would gamble with losses they are anticipating from a potential shutdown. The Biden administration justifies the law as a sort of insurance policy, but TikTok tries to argue that no proof is brought forward to prove the misappropriation of data from the U.S. by China.
The justices have started extended arguments, but this determination will go beyond the future of the platform. It reflects how the U.S. approaches foreign-owned digital platforms. A decision is expected in the coming days. It’s going to be one of the biggest for users, advertisers, and the tech industry at large, raising the stakes exponentially.
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