During the Supreme Court arguments, lawyer Jeffrey Fisher, representing TikTok content creators who are challenging the law, pointed out that Congress was specifically targeting TikTok and not major Chinese online retailers like Temu. Fisher questioned why Congress singled out TikTok alone when other companies, like Temu, also have millions of American users whose data could be at risk of Chinese control.
The law was signed by Democratic President Joe Biden and his administration is defending it. The deadline for divestiture is set just before Republican President-elect Donald Trump, who opposes the ban, takes office.
Solicitor General Elizabeth Prelogar, representing the Biden administration, emphasized the importance of the law taking effect as scheduled to compel ByteDance to divest. She stated that foreign adversaries would not willingly relinquish control over this communication platform in the U.S., and implementing these restrictions could prompt ByteDance to move forward with divestiture.
The Supreme Court also discussed the potential for TikTok to be utilized for covert influence campaigns by China. Despite arguments from various parties, the ban would impact the availability of TikTok for new downloads by Apple and Google, eventually rendering the app unusable for existing users.
Former President Trump requested a hold on the Jan. 19 deadline to allow his administration to address the issues. However, the law permits an extension of the deadline only if significant progress is made towards the sale of TikTok’s U.S. assets.
Overall, the case raises questions about the selective targeting of TikTok, the impact of the ban on existing users, and the potential for political intervention in the enforcement of the law.
“As a general matter, of course, the president has enforcement discretion,” Prelogar said. “Again, that’s one of the reasons why I think it makes perfect sense to issue a preliminary injunction here and simply buy everybody a little breathing space,” Francisco said. This article originally appeared on USA TODAY: TikTok warns of broader consequences if US Supreme Court allows ban.
