The U.S. Supreme Court recently heard arguments in a crucial case concerning the future of TikTok in the United States. The popular social media app, owned by Chinese company ByteDance, faces a potential ban unless it divests from its parent company or receives a last-minute reprieve from the court.

Central to the case is the Protecting Americans from Foreign Adversary Controlled Applications Act, passed with bipartisan support and signed by President Biden. This law mandates that TikTok either separate from ByteDance or be removed from U.S. app stores and hosting services.

The Biden administration contends that TikTok's Chinese ownership presents a significant national security risk, arguing that the Chinese government could manipulate the app's algorithm or compel ByteDance to hand over user data. Solicitor General Elizabeth Prelogar emphasized China's desire to gather information on Americans, highlighting the potential for harassment, recruitment, and espionage.

During TikTok's presentation, justices expressed skepticism about the company's argument that the law infringes on free speech. Justice Clarence Thomas questioned the nature of TikTok's speech in this context.

TikTok's lawyer, Noel Francisco, argued that the law restricts free speech and that TikTok, as a U.S.-incorporated entity, deserves First Amendment protections. He asserted that the U.S. government has no legitimate interest in suppressing foreign propaganda. However, he faced questions regarding the Chinese government's influence over the app and ByteDance's control over its algorithm.

Justice Sonia Sotomayor noted that this case is unique as it focuses on platform ownership rather than speech itself. She also questioned whether the divestiture requirement should be considered a data control issue rather than a free speech matter, which would entail a different level of judicial scrutiny.

The Supreme Court's decision has significant implications for millions of American TikTok users. The court has a history of deferring to Congress on national security matters, and the divestiture law received strong bipartisan support. However, former President Trump has expressed support for TikTok, and his lawyers have filed a brief urging a delay in the ban.

The justices have a limited timeframe to issue a ruling before the ban takes effect. The outcome will determine whether TikTok continues to operate in the U.S. and could set a precedent for future cases involving foreign-owned platforms.