AUSTIN, Texas — In nine days, one of the most popular social media apps in the world could be banned in the U.S.
On Friday, U.S. Supreme Court Justices heard arguments over a law that would ban TikTok in the United States, unless its Chinese-parent company– ByteDance– sells its stake in the company.
With over 170 million American TikTok users, the government says the ban concerns national security. On the other hand, attorneys with TikTok argue that the ban is unconstitutional and violates the First Amendment.
“Are we supposed to ignore the fact that the ultimate parent of TikTok is in fact subject to doing intelligence work for the Chinese government,” Chief Justice John Roberts asked the company’s attorney, Noel Francisco.
Many lawmakers and experts say the app and its parent company’s ties to the Chinese government is concerning.
Attorneys with the U.S. government say the app allows China to spy on Americans, and threatens national security.
However, TikTok’s attorneys argued that the ban infringes on free speech.
“It’s fear that Americans, even if fully informed, could be persuaded by Chinese misinformation,” Francisco said. “That, however, is a decision that the First Amendment leaves to the people.”
Newman Parker, an Austin-based TikTok creator with 244,000 followers, says he agreed with TikTok’s argument.
“We’re just throwing away the fact that everybody has free will and freedom of speech,” Parker said. “Like, the government is being very parental of this aspect.”
Parker says it’s important for him to have his voice heard on his platform, but more importantly, the ban would silence voices and how information is shared.
“With everything happening in Israel and Palestine, we got to see in real time what was happening,” Parker said. “We never, in any period of history, have had that ability. Meta platforms don’t offer that ability, Twitter, Blue Sky– none of those platforms offer that ability like TikTok does.”
Parker says the app is how he and many other creators make a living, and a ban will destroy all they’ve built.
“Smaller businesses, family shops, they can’t necessarily afford marketing and afford billboards and advertisements,” Parker said. “So, TikTok has really been a way for them to be uplifted.”
However, Adam Klein, UT’s director of the Strauss Center for International Security and Law, says the ban won’t necessarily force TikTok to shut down.
“The law says ByteDance, the Chinese company that owns TikTok, has to sell the U.S. TikTok app to a company,” Klein said. “Not even an American company; any company that’s not from China, Russia, North Korea or Iran.”
Klein also argued that the law is not trying to censor TikTok’s content, either. He says the app just cannot be controlled by a “hostile government.”
Klein argues that China is America’s biggest geopolitical adversary, and there is legitimate concern about its access to the information of Americans.
“This app, which is exceptionally intrusive, sucks up data about your location, your contacts, what you like, what your vices are. Which, if you’re trying to recruit and blackmail people, can be very helpful,” he said.
Klein says there is no problem with the app existing and creators making a living off of it. He says if ByteDance chooses to sell — the app can continue to work as it always has.
China has already signaled that it won’t allow TikTok’s algorithm to be sold, but Klein says its possible the U.S. TikTok can be sold without it, and a new one can be created.
“There has to be a degree of trust in the bipartisan, huge majority, in congress that passed this, and that they know something that has prompted them to be so concerned,” Klein said.
The ban is set to take effect on Jan. 19.
After Friday’s hearings, justices signaled support for upholding the law that would ban the app unless it’s sold, but a formal ruling has not yet been issued.