The survival of TikTok in the US seems more complicated after its passage through the Supreme Court

The ‘app’ of Chinese origin, as expected, bet everything on the discourse that it has been using for months to avoid closing its main market after China: its interpretation that the law that seeks to force its ban or sale Starting next January 19, it goes against freedom of expression, protected by the First Amendment. However, it does not seem that the message has reached the majority among the judges.

“Should we ignore the fact that the ultimate parent (of TikTok, which is Bytedance) is subject to carrying out intelligence work for the Chinese government?” said conservative judge John Roberts in response to the attempts of Noel Francisco, the technology company’s lawyer. , to convince the Supreme Court that the suspension of service would go against the Constitution of the North American country.

“It seems to me that they are ignoring Congress’s main concern, which was the Chinese manipulation of content (TikTok videos) and the acquisition and collection of that content (user data),” Roberts continued. For her part, liberal judge Elena Kagan questioned whether the rule by which TikTok can disappear on North American soil violates the Constitution, since “it is only directed at this foreign corporation, which (as such) does not have rights of the First Amendment”.

The judges also expressed that the problem here is not that the social network can be used to share “anti-American” content or favorable to China’s interests, but the possibility that the application could be exploited by a foreign rival to harm national security. . In this regard, Judge Brett Kavanaugh questioned Francisco about whether he did not consider it a risk that Beijing exploited the ‘app’ to “develop spies” among young Americans who in the future could work for agencies such as the FBI or the CIA.

TikTok’s initial goal is to get judges to at least temporarily stop the law that could lead to its ban next week. Something that does not seem easy to happen. Despite this, conservative Judge Samuel Alito did raise the possibility of the court issuing an administrative suspension that would leave the law temporarily suspended while the judges decide how to proceed. Something that the President of the United States Government, Donald Trump, has also requested.

The ‘app’ lawyer, as expected, the argument of the Republican’s next arrival at the White House in order to convince the Supreme Court to temporarily suspend the application of the regulations so that the new administration can evaluate it. TikTok also noted that if the lawmakers behind the order were really concerned about the security of Americans’ data, the government would also take action against Chinese online stores like Shein and Temu.

Quick decision

For her part, US Attorney General Elizabeth Prelogar, defending the Biden administration, said that the Chinese government’s control of TikTok represents a serious threat to US national security; He also noted that China “could use TikTok as a weapon at any time to harm the United States.”

Prelogar also questioned TikTok’s statements, constant in recent months, in which the company indicates that divestment of the application in the United States is unfeasible from a technological point of view. He believes that the proximity of January 19 may motivate the company to change its strategy and accept the sale of its service in the country to North American investors, which is the end desired by Congress.

Everything indicates that the Supreme Court will quickly make a decision on the future of TikTok soon. Probably in a matter of days, either to allow the law that could trigger the ban of the ‘app’ to take its course or to paralyze it.