The US Supreme Court is expected to begin hearing oral arguments at 10 am ET today in a closely watched case that could result in TikTok being banned in the United States one day before President-elect Donald Trump is sworn into office on January 20. WIRED journalists Makena Kelly, Zeyi Yang, and Louise Matsakis are tuning in live and will be bringing you the most important updates from the courtroom and our analysis.
Last year Congress passed a law that would force ByteDance, TikTok’s Chinese parent company, to sell the app or face a ban in the US. Lawyers for the US Department of Justice plan to make the case that the measure is necessary to mitigate national security risks posed by the app. TikTok will argue the law stifles the free speech of some 170 million Americans.
Here are some of the most pressing questions we’re thinking about: How will the justices interpret the unusual request Trump made last month for the timeline in the case to be delayed until he is in power? Will the court be convinced by the DOJ’s arguments about how China could potentially manipulate TikTok’s algorithm to shape public opinion? How will the justices approach constitutional issues associated with a social media platform that extends far beyond America’s borders?
Also, will the questions the justices ask provide any clues about how they may ultimately rule in the case? We’re especially keeping our ears tuned in on justice Amy Coney Barrett, who took the view in a previous case that foreign social media platforms aren’t entitled to the same First Amendment protections as US companies. If she raises the same point again, it could indicate that TikTok will lose her usually relatively moderate vote on cases involving free speech issues.
