TikTok challenges its US ban in Supreme CourtExBulletin

At an emergency Supreme Court hearing on Friday, TikTok's lawyers are expected to argue that banning the app would violate the free speech rights of 170 million U.S. users. The Justice Department is expected to argue that the app poses a national security risk. Roni Bintang/Getty Images .

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For four years, TikTok has been facing an existential crisis: it risks being banned in the United States.

But the fate of the video app could soon be decided. On Friday, the Supreme Court will hear arguments from lawyers for TikTok and the Justice Department.

At stake are the app's 170 million U.S. users, the future of a multibillionaire social media wunderkind, and the conflict between free speech in the digital age and the threat that China poses a threat to national security.

Here's a look at what to expect.

What happens on Friday?

In a case titled TikTok v. Merrick Garland, the app's legal team and Justice Department lawyers will argue before the Supreme Court in an emergency hearing. TikTok is expected to argue that a Biden administration law banning the app is unconstitutional because it infringes on the free speech of millions of Americans who use it. The Justice Department is expected to argue that the app poses a national security risk because it could be used by a foreign adversary to manipulate or collect data on Americans.

Oral arguments, which could last up to two hours, are scheduled to begin at 10 a.m. ET and will be streamed online by the court.

A decision in the case is not expected Friday.

Will the result determine whether TikTok is banned or not?

It's possible. A law passed by Congress and signed by President Biden in April set a January 19 deadline for China-based TikTok owner ByteDance to sell its U.S. business or the app would be banned in the whole country.

Legal experts say it's possible the court could delay the law's Jan. 19 effective date to give judges time to deliberate and make a decision.

If the Supreme Court agrees with the lower federal appeals court that upheld the law last month, the process of shutting down TikTok in the United States could begin.

If judges strike down the law as unconstitutional, the January 19 deadline will disappear and everything will be business as usual for the hit video app.

Other intermediate decisions are also possible. For example, the Supreme Court could challenge the manner in which the lower court reached its decision upholding the law and order the court to revise its opinion.

What are the arguments for and against the crackdown on TikTok?

The Justice Department says that because TikTok is owned by a China-based company, the data and opinions of American citizens could be covertly manipulated by Beijing.

Therefore, Justice Department lawyers argue that the divestment or ban law is justified on national security grounds.

But TikTok says it is being unfairly singled out, saying its data collection practices and algorithm are no different from those of major U.S. social media apps. TikTok's legal team says forcing the company to close shop in the United States represents an unprecedented suppression of free speech by the government.

The lower court ruling that upheld the law recognized that it had implications for the First Amendment's free speech protections. But, on the other hand, this view held that preventing China from censoring American speech was upholding the spirit of the First Amendment.

How does President-elect Donald Trump play into the future of TikTok?

President-elect Donald Trump recently made his position on TikTok official by filing an amicus brief with the Supreme Court, calling on the justices to delay any decision until he takes office and can help negotiate a solution. Trump is optimistic that he will be able to leverage his negotiating skills and strike a deal that would lead to TikTok's U.S. business being bought by a U.S. company or group of investors.

While he is the new president, Trump wrote his December memoir as a private citizen. At the time, he held no executive power and invoked no legal authority in making his request.

Many legal observers do not believe Trump's brief will influence the court's final decision.

Now, if the court strikes down the law, there is little Trump can do. On the other hand, if the high court upholds the law, Trump has a number of options, including asking his administration not to enforce it while he works on a deal.

Why does Trump support TikTok?

Trump, who tried to ban TikTok during his first term, now says he wants to be its savior. He attributed the reversal to the fact that TikTok helped boost his presidential campaign to a younger audience.

But other TikTok watchers wondered if billionaire Jeff Yass's newfound proximity to Trump was perhaps playing a role. Yass' company, Susquehanna International Group, has a significant stake in TikTok owner ByteDance.

Trump's support for TikTok is something of a maverick position in Washington. The law banning the app passed with bipartisan support in Congress. The intelligence community under the Trump and Biden administrations viewed TikTok as a cyber threat to the United States. And most national security experts agree that TikTok's ties to China are worrying.

Will TikTok really be sold?

China has passed regulations requiring its government to approve the export of technology such as TikTok's algorithm, meaning any sales would require Beijing's approval.

For years, China has said TikTok is not for sale, and it has publicly maintained that stance.

Still, some analysts say it's possible that China will agree to the sale of TikTok's U.S. operations if the country can get something out of it, such as trade concessions from the new Trump administration.

Although such haggling remains speculative, national security experts in contact with Chinese regulators told NPR that Chinese officials appear to be preparing for the possibility.

How are everyday users reacting to the Supreme Court case?

Many videos have gone viral on TikTok promoting the use of a virtual private network (VPN), which allows users to bypass a possible ban.

Other app creators are urging TikTok users to double down on competing video services, like YouTube Shorts and Instagram Reels, to guard against TikTok's collapse in the United States.

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