WASHINGTON − For the 170 million Americans who utilize TikTok for activities ranging from selling baked goods to raising awareness for social issues, the stakes are incredibly high as the Supreme Court prepares to deliberate on the future of this popular short-form video platform.

The legal representatives for TikTok content creators argue that this situation is unprecedented in terms of its impact on free speech, highlighting the significant number of individuals affected.

TikTok users assert that they risk losing their primary means of expression unless the Supreme Court intervenes against a federal mandate that requires TikTok to sever connections with the Chinese government or face a ban in the U.S. by January 19.

However, observers of the court are skeptical that the justices will reverse a lower court’s ruling that supports the law.

The decision by the lower court was unanimously supported by judges appointed by both Republican and Democratic administrations, which reflects the law’s significant bipartisan backing in Congress.

Furthermore, the national security rationale behind the law is likely to resonate with the justices, according to Gautam Hans, a professor at Cornell Law School and the associate director of its First Amendment Clinic.

Hans pointed out that “the justices are generally hesitant to question the decisions of political branches on such significant matters,” expressing skepticism about whether free speech arguments will prevail.

The government warns that if TikTok remains under the ownership of ByteDance, its parent company in China, there is a risk that Chinese authorities could harvest data on Americans or manipulate content on TikTok to influence U.S. public opinion.

President-elect Donald Trump has complicated the unified stance of the executive and legislative branches by urging the court to delay the enforcement of the law until he can explore alternative solutions after assuming office on January 20.

However, legal experts and the Justice Department— which recommended that the Supreme Court disregard Trump’s request— argue that the president-elect lacks a compelling legal basis for pausing the law.

The court has already delayed making a decision— until after in-person arguments— regarding TikTok’s request to freeze the January 19 deadline for the law. This hints that most justices may believe TikTok will struggle to prove the law’s unconstitutionality, according to Saurabh Vishnubhakat, a professor at Cardozo School of Law.

“I think TikTok faces a significant challenge going into the hearing,” he stated.

The Supreme Court is reviewing the case on an accelerated timeline, and a ruling may come shortly after Friday’s proceedings.

In the legal briefs submitted ahead of the case, the two sides diverge in their opinions on whether freedom of expression is genuinely threatened, whether there are alternative approaches to addressing national security issues, and whether these concerns are valid.

Below is a breakdown of their contrasting views.

Does the TikTok Ban Breach the 1st Amendment?

The Justice Department contends that the law does not violate free speech rights since it specifically targets TikTok’s ownership by a foreign adversary rather than the expression protected by the 1st Amendment.

According to the department’s filing, Congress’ intention to safeguard American data from potential misuse by China is not related to free speech. Moreover, preventing China from using TikTok to influence American opinion or disseminate misinformation does not contravene the Constitution, as “a foreign sovereign has no First Amendment right to covertly manipulate a U.S. platform.”

On the other hand, attorneys representing TikTok’s content creators argue that they possess a 1st Amendment right to communicate with other Americans through a foreign platform. They claim that using TikTok is akin to filmmakers collaborating with non-American directors or authors publishing works with foreign publishers.

They assert that prohibiting TikTok without a change in ownership “clearly places a restriction on the free exchange of ideas.” Furthermore, they argue that even if TikTok were to change ownership, it would lose its unique character and appeal.

Are there better methods for addressing national security concerns?

Even if the judges determine that the law violates free speech rights, it can still be upheld if it’s seen as specifically aimed at addressing an important issue.

According to TikTok, the most effective and least intrusive way to tackle concerns over content manipulation is to implement a disclosure warning for users. In terms of data privacy, the government could restrict TikTok from disclosing sensitive user information to foreign adversaries. This could be enforced by the Federal Trade Commission with substantial penalties, as argued by lawyers representing TikTok users.

The Justice Department, however, contends that they would not recognize a data breach until it has already occurred.

“The Chinese government is known for its data collection through illicit hacking activities that violate U.S. laws,” Solicitor General Elizabeth Prelogar explained to the court. “The First Amendment does not require the government to trust an agreement with a party it does not have confidence in.”

She also stated that simply informing TikTok users about the potential risks of content manipulation by China would be “clearly ineffective.”

Is there a real national security threat?

TikTok asserts that the government has failed to demonstrate any significant national security threat that justifies action.

The lawyers for TikTok argued in court that the Justice Department exaggerates China’s interest in TikTok’s data while minimizing the company’s capability to shield itself against foreign influence.

They contended that the government has acknowledged it lacks evidence of any illegal activity and has not elucidated why there have been no incidents of concern.

The Justice Department argues that China positions “seemingly private companies under its directive” in various nations to utilize them at key moments.

The government claims that as long as TikTok can be influenced by a foreign adversary, the extensive data it gathers about Americans could serve as a significant espionage tool, and its role as a major communication platform makes it a powerful means for covert influence tactics.

The Justice Department further stated that “China could leverage these tools against the United States at any given moment.”