By:
January 13, 2025

It feels like tick … tick … tick for TikTok. As in, time is running out.

TikTok had its day in the Supreme Court on Friday and the feeling is the court appears likely to uphold the ban on the social media app. Unless the Supreme Court rules otherwise, TikTok must divest from its Chinese owner, ByteDance, by Jan. 19 or, essentially, be banned in the U.S.

The U.S. government fears the Chinese government could force ByteDance to hand over data that would compromise U.S. users. TikTok has said it has not shared U.S. data with the Chinese government and would never do so.

So TikTok took its case to the Supreme Court on Friday and, from the sound of things, the court seems to be leaning away from TikTok. Why? The justices appeared to be concerned about national security.

The Washington Post’s Ann E. Marimow wrote, “A majority of justices from across the ideological spectrum suggested during more than 2½ hours of oral arguments that the government’s interest in national security justified some restrictions on free speech. They particularly seemed to embrace Congress’s concern about the Chinese government covertly using the app to collect vast amounts of sensitive data about millions of American users and potentially exploiting that information to blackmail young Americans or turn them into spies.”

During the arguments, Justice Brett Kavanaugh said, “Just on the data collection, that seems like a huge concern for the future of the country.”

Chief Justice John Roberts asked at one point, “Are we supposed to ignore the fact that the ultimate parent is, in fact, subject to doing intelligence work for the Chinese government?”

TikTok is arguing that this is a First Amendment issue.

Marimow wrote, “While the justices acknowledged the serious free speech issues if the platform goes dark this month, several emphasized that foreign entities do not have First Amendment rights and that the site could continue to operate in a similar manner, but under different, non-Chinese ownership.”

If the Supreme Court rules against TikTok, ByteDance will have to sell TikTok to an approved buyer or digital stores such as Google and Apple would have to remove TikTok from their app stores. Users who already have TikTok will continue to have access to it, but will no longer be able to receive updates.

Normally, the Supreme Court can deliberate for months before handing down a decision, but because of the Jan. 19 deadline, a ruling could come down in the next few days. TikTok also wouldn’t mind if the ruling came after Donald Trump takes office on Jan. 20. Trump has appeared sympathetic to TikTok since the election.

NBC News’ Kat Tenbarge wrote, “One of Trump’s options would be to grant a 90-day extension for TikTok to continue its effort to find an American buyer — a provision specifically written into the law forcing a sale. However, TikTok’s Chinese parent company ByteDance said it will not approve a sale of the app. If ByteDance were to approve a sale, there are U.S. buyers willing to purchase TikTok, including billionaire business executive Frank McCourt.”

Here’s more food for thought from The Washington Post’s Shira Ovide: “What if they ban TikTok and people keep using it anyway?”

Notable journalism about the Los Angeles wildfires

Jan 6 commentary

Vice President-elect JD Vance appeared on “Fox News Sunday” over the weekend and said those who committed violence at the Capitol on Jan. 6, 2021, should not be pardoned.

But take it easy. Don’t think he is taking a different stance than Donald Trump and many on the right.

Vance told moderator Shannon Bream, “I think it’s very simple. Look, if you protested peacefully on Jan. 6, and you had Merrick Garland’s Department of Justice treat you like a gang member, you should be pardoned. If you committed violence on that day, obviously you shouldn’t be pardoned. And there’s a little bit of a gray area there.”

Vance, however, went out of his way to again address those he and many Republicans felt were treated unfairly, adding, “But we’re very much committed to seeing the equal administration of law, and there are a lot of people we think in the wake of Jan. 6 who were prosecuted unfairly. We need to rectify that.”

Even though Vance appeared to bend over backward during the Fox interview to sympathize with some Jan. 6 criminals, he took criticism on social media. Enough so that he responded on X, “First of all, I donated to the J6 political prisoner fund and got ROASTED for it during my senate race. I’ve been defending these guys for years. Second, there were federal informants in the crowd. Do they get a pardon? I don’t think so. The president saying he’ll look at each case (and me saying the same) is not some walkback. I assure you, we care about people unjustly locked up. Yes, that includes people provoked and it includes people who got a garbage trial.”

Yeah, so it would appear Vance hasn’t strayed too far from the company stance at all.

Chuck Todd’s future

Semafor’s media newsletter reported Sunday night that “Chuck Todd has quietly been meeting with Washington media organizations about his post NBC-future. The former host of ‘Meet The Press’ has told top editors and leaders from other media organizations that he plans to leave NBC when his contract is up this year, and has discussed potential roles outside the network both in broadcast and digital media.”

Media tidbits

Hot type

More resources for journalists

Have feedback or a tip? Email Poynter senior media writer Tom Jones at tjones@poynter.org.

The Poynter Report is our daily media newsletter. To have it delivered to your inbox Monday-Friday, sign up here.

Support high-integrity, independent journalism that serves democracy. Make a gift to Poynter today. The Poynter Institute is a nonpartisan, nonprofit organization, and your gift helps us make good journalism better.
Donate
Tom Jones is Poynter’s senior media writer for Poynter.org. He was previously part of the Tampa Bay Times family during three stints over some 30…
Tom Jones

More News

Back to News

Comments

This site uses Akismet to reduce spam. Learn how your comment data is processed.