Within days, TikTok could be banned from distribution in the United States and eventually shut down as an app altogether unless the U.S. Supreme Court intervenes to block a bipartisan law set to take effect on Jan. 19.

On Friday, January 10, the justices heard arguments on whether they should step in and temporarily suspend the measure as TikTok claims it is a violation of the free speech of its tens of millions of American users.

According to reports from ABC News, CNN and The New York TimesThe justices appeared inclined to rule against TikTok and do not appear to agree that the law creates an unconstitutional block on speech because TikTok can easily be sold by its Chinese owners.

The Just reports that given the January 19 deadline, a decision is expected soon.

“The law just targets this foreign company that has no First Amendment rights,” Justice Elena Kagan said at one point during Friday’s hearing.

The law, passed overwhelmingly by Congress and signed by President Joe Biden last year, is intended to force the popular app’s Chinese owner, ByteDance, to sell it over fears the Chinese government could use its data to target Americans to manipulate or harm them.

Countries like India have taken similar measures against TikTok.

China has also banned several major US platforms such as Facebook, Google and YouTube.

TikTok has pushed back, criticizing that the sell-or-ban legislation was “designed and enforced based on inaccurate, erroneous and hypothetical information, resulting in total censorship of the American people.”

“The government just can’t get around to saying ‘national security’ and the case is closed,” Jeffrey Fisher, the lawyer for some TikTok users, told the Supreme Court on Friday. “It’s not enough to say ‘national security’ – you have to say, ‘What is the real harm?’ ”

Lower courts have concluded that the federal government has a legitimate interest in believing that the Chinese app could lead to national security problems for the Chinese government.

On Friday, Attorney General Elizabeth Prelogar, speaking on behalf of the government, said the solution was simple: TikTok could function as usual – if ByteDance would only sell it.

“TikTok could, if it were able, use the exact same algorithm to show the same content to the same users,” she said. “The act simply attempts to surgically remove the ability of a foreign enemy nation to access our data and exercise control over the platform.”

Judge Amy Coney Barrett also echoed this: “The law does not say ‘shut down’ (TikTok). It is said that ByteDance has to separate. If it did, we wouldn’t be here.

More broadly, Justice Samuel Alito said: “If TikTok stops working, is there any reason to doubt that another media company won’t step in?”

However, Justice Neil Gorsuch expressed more skepticism, suggesting that TikTok would accept a China disclaimer, saying: “Don’t we ordinarily assume that counter-speech is the best remedy for problematic speech?”

President-elect Donald Trump has also pushed for a pause on the new law, filing a brief with the Supreme Court urging him to be given time to “resolve the issues at hand through political means once he takes office.” .

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If TikTok is not sold by its owner ByteDance — or “divested” and then purchased by a non-“foreign adversary,” as the new law puts it — then it will become illegal for internet services in the U.S. to support or distribute it.

TikTok has called this a “total ban,” although in practice the app won’t magically disappear from users’ phones on January 19th.

Instead, the law would force the app’s removal from app stores (e.g. via Apple or Google) and make it inaccessible via internet browsers in America.

If TikTok or other internet companies violate the law, they face heavy fines.

People who still have TikTok as an app on their phone might still be able to access the content after January 19, but the app would not be updated over time and would be expected to become more difficult to use.

“We’re going dark,” TikTok lawyer Noel Francisco told the judges on Friday, “essentially shutting down the platform.”

New users would not be able to access or download TikTok.

However, the new law requires TikTok to provide users with their data, including the content they post, if they request it before the restrictions take effect on January 19.