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Technology
10 December 2024

TikTok's Future Hangs By Thread As Supreme Court Approaches

The social media giant battles potential ban amid claims of significant economic impact on small businesses and creators

With the looming possibility of a TikTok ban set to take effect soon, many are starting to grasp the impact this decision could have—not just on the platform itself, but also on the wider economy, especially small businesses and creators who rely heavily on it. TikTok, the wildly popular video-sharing application, has found itself at the center of intense debates over national security and data privacy as the United States government, led by national security concerns, pushes for ByteDance, its Chinese parent company, to divest or face its ban on American soil.

The situation escalated recently when TikTok filed for emergency relief from the impending ban, predicting catastrophic financial fallout. According to TikTok, the potential prohibition, which could roll out on January 19, 2025, could cost small businesses and creators upwards of $1.3 billion just from lost revenue and earnings within the first month alone. Blake Chandlee, president of TikTok Global Business Solutions, stated emphatically during court filings, "Almost 2 million creators in the United States would suffer almost $300 million in lost earnings, and TikTok itself would lose 29% of our targeted global advertising revenue for 2025."

At the crux of the controversy is the Protecting Americans from Foreign Adversary Controlled Applications Act, legislation passed to curb foreign influence and safeguard American data. The Justice Department contends TikTok presents significant national security risks due to its ownership structure, claiming the platform provides intimate access to users’ personal information, which could be exploited by China. This act was overwhelmingly supported by bipartisan lawmakers, reflecting widespread skepticism about the potential for data misuse by foreign entities.

Adding to the complexity of the situation is the response from various stakeholders as the issue continues to inch toward the Supreme Court. TikTok's legal maneuvering seeks to appeal to the Supreme Court, arguing not only for the lives of its employees and creators who use the platform but also restoring balance to the discourse surrounding free speech, as the ban is seen by many as unconstitutional. TikTok’s appeal highlights how the app serves 170 million American users, who leverage it for both personal enjoyment and business activities.

Despite the considerable pushback, TikTok also faces skepticism from some quarters. Judge Donald Ginsburg, part of the D.C. Circuit Court of Appeals, pointed to historic precedents—like Trump v. Hawaii—which grant the government foundational leeway, particularly concerning perceived threats to national security. This ruling suggested the statute meets the strict scrutiny test necessary for First Amendment grounds, meaning the ban could still be upheld due to governmental concerns about security.

On the flip side, TikTok argues vigorously against the judgment, claiming the national security fears are exaggerated and unsubstantiated, pointing out there has been no direct evidence showing the company is complicit or has engaged in harmful activities. Chandlee insisted the potential for losses would rock businesses to their core. With over 7 million U.S.-based accounts utilizing TikTok to promote their products and services—claiming significant sales increases— the stakes couldn't be higher for these small enterprises.

Many creators on TikTok echo these sentiments, showing significant concern over the potential ban. Local business owners who market their goods through TikTok have openly shared how pivotal the platform has become for their operations. One entrepreneur noted, "Without TikTok, our engagement, our clientele, everything will take a hit. We've built communities, and we need these platforms to connect with our audience."

Beyond the immediate financial ramifications, there's the concern of what the ban implies for the future of digital commerce and the online creative economy, which has thrived largely due to platforms like TikTok. If the government bans one platform, will others follow? How will this affect the growing trend of creators utilizing social media for income and connection?

President-elect Donald Trump has voiced support for TikTok, indicating he sees value, therein lies his campaign catchphrase of “saving” TikTok as he previously attempted to force divestiture during his first tenure. Yet, his team remains mum on the latest development. The mix of old and new government policies, especially with such rapid shifts, leaves creators and business owners on edge, clinging to the hope of legislative reprieve.

Other platforms feel the shifting tides too. Deutsche Bank analysts recently predicted companies like Meta and Snap could set to gain if TikTok fails, reflecting the high-stakes battle for attention and advertising revenue across social media platforms. If American users are forced to seek alternatives to TikTok, this could reshape the entire social media advertising ecosystem.

While TikTok strives to depict its value to creators, the case paints complex emotions where the court’s decision could echo far beyond just one platform. There’s palpable tension between national interests and the rapidly changing norms of digital expression and enterprise.

The upcoming Supreme Court hearing will serve as the epicenter for determining not only TikTok's fate but potentially shifting how digital platforms interface with national security concerns and user privacy. With court arguments slated for December 16, there remains much to ponder on the crossroads of policy, media, and the future of how Americans connect and conduct commerce online.