WASHINGTON –

The Supreme Court is considering a law that could ban TikTok in the United States by January 19, citing national security concerns.

“The Chinese government could use TikTok as a weapon to harm the United States at any time,” said U.S. Attorney General Elizabeth Prelogar.

By law, TikTok’s parent company, ByteDance, must sell the app or face a ban.

“This whole notion flies in the face of the First Amendment,” said Noel Francisco, a lawyer for TikTok.

Lawyers representing TikTok creators and their more than 170 million American users argue that the law violates free speech.

“Restricting speech because it could sow doubt about our leaders or undermine democracy is what our enemies do. That’s not what we do in this country,” said Jeffrey Fisher, a lawyer for TikTok.

The Biden administration argues that almost all TikTok users are young Americans and that China could force TikTok to hand over their data.

“They will grow up and could become members of our military. They could become high-ranking government officials. And if the Chinese government has this vast trove of incredibly sensitive data about them, I think that obviously exposes our nation as…” “There is a risk of espionage and blackmail,” Prelogar said.

The government also argues that China could force the social media company to change its algorithm to manipulate Americans.

“Don’t we normally assume that counterspeech is the best remedy for problematic speech?” asked Associate Justice Neil Gorsuch.

TikTok’s lawyers say the government has provided no evidence that the company colluded with Beijing.

“Isn’t this a realistic assessment by Congress and the President of the danger that exists here?” asked Associate Justice Brett Kavanaugh.

“Your Honor, I do not deny the risks. I dispute the means they have chosen,” replied Francisco.

TikTok is calling on judges to suspend the law, as is President-elect Donald Trump, who plans to address the issue after his inauguration, a day after the ban took effect.

If the ban goes into effect and ByteDance sells TikTok to a company not based in a country that is a foreign adversary, TikTok can come back online. This was an argument the Biden administration made to the justices today.

President-elect Donald Trump pushed for a nationwide ban on TikTok during his first term, but has since changed his stance and vowed to save the app.