Supreme Court seems likely to uphold a federal law that could force TikTok to shut down on Jan. 19

WASHINGTON (AP) — The Supreme Court on Friday seemed likely to uphold a law that would ban TikTok in the United States beginning Jan. 19 unless the popular social media program is sold by its China-based parent company.

Hearing arguments in a momentous clash of free speech and national security concerns, the justices seemed persuaded by arguments that the national security threat posed by the company's connections to China override concerns about restricting the speech either of TikTok or its 170 million users in the United States.

Early in arguments that lasted more than two and a half hours, Chief Justice John Roberts identified his main concern: TikTok’s ownership by China-based ByteDance and the parent company's requirement to cooperate with the Chinese government’s intelligence operations.

If left in place, the law passed by bipartisan majorities in Congress and signed by President Joe Biden in April will require TikTok to “go dark” on Jan. 19, lawyer Noel Francisco told the justices on behalf of TikTok.

At the very least, Francisco urged, the justices should enter a temporary pause that would allow TikTok to keep operating. “We might be in a different world again” after President-elect Donald Trump takes office on Jan. 20. Trump, who has 14.7 million followers on TikTok, also has called for the deadline to be pushed back to give him time to negotiate a “political resolution.” Francisco served as Trump's solicitor general in his first presidential term.

But it was not clear whether any justices would choose such a course. And only Justice Neil Gorsuch sounded like he would side with TikTok to find that the ban violates the Constitution.

Gorsuch labeled arguments advanced by the Biden administration’ in defense of the law a “paternalistic point of view.” TikTok, he said, has offered to post a warning that the content could be manipulated by the Chinese government.

“Don’t we normally assume that the best remedy for problematic speech is counter speech?” he asked Solicitor General Elizabeth Prelogar, who defended the law for the Biden administration

A warning wouldn’t be enough to counterbalance the spread of misinformation, Prelogar said.

Francisco and lawyer Jeffrey Fisher, representing content creators and TikTok users, repeatedly tried to focus the court on the First Amendment restrictions that would fall on TikTok and its users, imperiling the livelihood of content creators, if the law is allowed to take effect.

But compared to the mildly challenging questions directed to Prelogar, they faced skepticism from every justice other than Gorsuch.

Justice Brett Kavanaugh raised U.S. concerns about China accessing information on tens of millions of Americans, including especially teenagers and people in their 20s, with whom TikTok is extremely popular.

“That seems like a huge concern for the future of the country,” said Kavanaugh, whose daughters are in that age range.

Roberts downplayed Fisher’s argument that banning TikTok violates American users’ free speech rights. “Congress is fine with the expression,” Roberts said. “They’re not fine with a foreign adversary, as they’ve determined it is, gathering all this information about the 170 million people who use TikTok.”

The justices are expected to act within days, almost certainly ahead of the Jan. 19 deadline.

Content creators and small business owners who rely on the app are awaiting a decision with anxiety.

“There’s really no replacement for this app," said Skip Chapman, co-owner of KAFX Body in Manasquan, N.J., a maker and seller of natural deodorants. Chapman said more than 80% of his sales come on TikTok and he has not found the same traction on Amazon or other platforms.

Lee Zavorskas, a TikTok creator and a licensed esthetician based in New Hampshire, said she makes nearly half of her income on the platform by promoting products for other businesses. Zavorskas said she found it too stressful to listen to Friday's arguments. Instead, she spent her time building a YouTube channel.

ByteDance has said it won’t sell the short-form video platform, and Francisco said a sale might never be possible under the conditions set in the law.

But some investors have been eyeing TikTok, including Trump’s Former Treasury Secretary Steven Mnuchi n and billionaire businessman Frank McCourt. On Thursday, McCourt’s Project Liberty initiative said it, along with its unnamed partners, presented a proposal to ByteDance to acquire TikTok’s U.S. assets. The consortium, which includes “Shark Tank” host Kevin O’Leary, did not disclose the financial terms of the offer.

If TikTok isn’t sold to an approved buyer, the federal law would prohibit app stores, such as those operated by Apple and Google, from offering the popular app. It would also bar internet hosting services from hosting TikTok.

TikTok users who already have the app on their phones will continue to have access to it. But new users won’t be able to download the app, and existing ones will no longer be able to receive updates. That will eventually render the app unworkable, the Justice Department has said in court filings.

Prelogar said an eventual sale of the platform, even after the ban kicks in, would allow TikTok to resume operations. The sale of Twitter to Elon Musk, who renamed it X, shows that the sale of a social media platform can happen quickly, she said.

That high-profile transaction went through in about six months from offer to completion, she said.

TikTok, meanwhile, has been “on notice” since 2020, during Trump's first term, that its sale could be required if it couldn’t satisfy the U.S. government’s national security concerns

The federal law was the culmination of a yearslong saga in Washington over TikTok, which the government sees as a national security threat due to its connections to China.

U.S. officials argue that the vast amounts of user data that TikTok collects, including sensitive information on viewing habits, could fall into the hands of the Chinese government through coercion. They also are concerned that the proprietary algorithm that fuels what users see on the app is vulnerable to manipulation by Chinese authorities, who could pressure ByteDance to shape content on the platform in a way that’s difficult to detect.

TikTok, which sued the government last year over the law, has long denied it could be used as a tool of Beijing.

The company negotiated with the Biden administration between 2021 and 2022 to resolve the concerns around U.S. data privacy and potential algorithmic manipulation. In court documents, it has accused the administration of essentially walking away from those negotiations after it presented a draft agreement in August 2022. But the Justice Department has said the Biden administration concluded the proposal was “insufficient” because it would maintain TikTok’s ties to China. The agency said the Executive Branch also could “neither trust ByteDance to comply nor detect noncompliance before it was too late.”

A three-judge panel made up of two Republican appointees and a Democratic appointee unanimously upheld the law in December, prompting TikTok's quick appeal to the Supreme Court.

Associated Press writers Mae Anderson, Haleluya Hadero, Fatima Hussein, Didi Tang and Lindsay Whitehurst contributed to this report. Anderson reported from New York.

Wearing a button in support of TikTok, Tiffany Cianci, who says she is a "long-form educational content creator," livestreams to TikTok outside the Supreme Court, Friday, Jan. 10, 2025, in Washington. (AP Photo/Jacquelyn Martin)

Callie Goodwin, of Columbia, S.C., holds a sign in support of TikTok outside the Supreme Court, Friday, Jan. 10, 2025, in Washington. Goodwin, a small business owner who sells personalized greeting cards, says 80% of her sales come from people who found her on TikTok. (AP Photo/Jacquelyn Martin)

Tiffany Cianci, who says she is a "long form educational content creator," livestreams to TikTok, outside the Supreme Court, Friday, Jan. 10, 2025, in Washington. (AP Photo/Jacquelyn Martin)

A school group looks at the Supreme Court in the snow, Friday, Jan. 10, 2025, as the court discusses TikTok, in Washington. (AP Photo/Jacquelyn Martin)

Sarah Baus, left, of Charleston, S.C., and Tiffany Cianci, who says she is a "long-form educational content creator," livestream to TikTok outside the Supreme Court, Friday, Jan. 10, 2025, in Washington. (AP Photo/Jacquelyn Martin)

The Supreme Court is seen as the court discusses TikTok, Friday, Jan. 10, 2025, in Washington. (AP Photo/Jacquelyn Martin)

NEW YORK (AP) — There was a time when Donald Trump was just another celebrity sitting courtside at New York Knicks games. He was famous, but not yet flanked by Secret Service agents or defined by the politics that have left him deeply unpopular in his hometown.

Now, more than a decade after attending his last Knicks game at Madison Square Garden, Trump is making a rare trip back to New York City as president to cheer for them in Game 3 of the NBA Finals against the San Antonio Spurs on Monday night. Invited by Knicks owner James Dolan, he will be the first sitting president to attend an NBA Finals game.

The Knicks are seeking their first championship since 1973, when Trump was 26 and a relative newcomer to the family real estate business that vaulted him to wealth and fame. Two years after that triumph, the team’s owners at the time hired him as a consultant as they looked to sell the arena.

Trump has been to more major sporting events than any of his predecessors, including the Super Bowl and Daytona 500, golf's Ryder Cup in the New York City suburbs, where he was cheered, and last year's U.S. Open men’s tennis championship in Queens, where he was booed and blamed for long security lines.

On June 14, when he turns 80 while wrestling with myriad crises including the war with Iran, economic unease and court rulingsblunting his agenda, he will host a UFC fight on White House grounds. Trump also has expressed interest in attending soccer's World Cup, which kicks off this week across the United States, Mexico and Canada.

Trump is an avid sports fan, but the affinity he professes for the Knicks is different.

It speaks to the Republican president’s identity as a New Yorker and harkens to a bygone era where a front-row seat at a Knicks game was a chance for him and other boldface names to see and be seen.

In a city whose wealthy gatekeepers largely turned their noses at Trump's brash personality and playboy image in the 1990s and 2000s, the Garden’s Celebrity Row was one club where he felt at home.

“I’ve been a Knick fan for a long time,” Trump told reporters in the Oval Office last week, a day after New York rallied to win Game 1. “I watched that end of the game and they were dominant — really amazing.”

After another win Friday in San Antonio, the Knicks head home with a 2-0 lead in the best-of-seven series. They have won a remarkable 13 straight playoff games and last lost on April 23, uniting the city in a way unseen since the Knicks went to the NBA Finals twice in the 1990s.

Enter Trump. He returns to the Knicks zeitgeist not as the tabloid curiosity who once sat shoulder to shoulder with the late John F. Kennedy Jr. at a game in 1999, but as a president who is disliked by a majority of the city's Democratic voters.

Trump, who gave up his lifelong New York residency for Florida in 2019, is making his first trip to New York City since he spoke at the United Nations in September. In 2024, he went on trial in the city and was convicted of 34 felony counts related to hush money paid on his behalf during his 2016 campaign.

Knicks fans, though, do not seem to be concerned so much with his politics, but that his attendance — and the hoopla accompanying it — could mess up the team’s momentum. The Knicks said people going to the game should arrive at least two hours before tipoff for airport-style security screening.

“Why does Donald Trump always have to ruin a good thing?” U.S. Rep. Hakeem Jeffries of New York, an avid Knicks fan and the House Democratic leader, told CNN. “Like, literally, the Knicks haven’t been in the NBA finals for 27 years. The city is trying to celebrate this. We’ve embraced this team, and this guy has to inject himself.”

Mayor Zohran Mamdani, a Democrat who struck up a cordial relationship with Trump after the two met in November, was more inviting.

“We’re excited to welcome anyone and everyone who’s rooting for the Knicks in this moment," said Mamdani, who will also be at the game — albeit, not with Trump.

Last week, as Trump began floating the idea of attending a game, New York magazine published an article, “Is Trump Really a Knicks Fan? An Investigation.” The story, filled with pictures of Trump at Knicks games from 1991 to 2014, described him as a “textbook example of a celebrity bandwagon fan."

NBA Commissioner Adam Silver disagrees.

“Before he ever ran for office, he was a big Knicks fan,” Silver told reporters last week. “I’ve been with the league for a long time. I was there at many Knicks games with him in the old days.”

Trump and the Knicks came into existence the same year, 1946.

His affiliation with the team — at least in the public record — dates to 1975 when he acted as a real estate adviser to the then-owners of the Knicks and Madison Square Garden, who were looking to sell the building known in a bit of Trump-style branding as “The World’s Most Famous Arena."

Trump claimed to reporters at the time that two groups of “Arab oil interests” were interested in paying $50 million to $75 million. But the arena’s leadership passed on the idea, saying it was “not conceivable” to make such a deal during the Middle East oil crisis raging at the time.

Trump was not much of a known entity when the Knicks won their only championships in 1970 and 1973.

By the time they rebounded in the 1990s, Trump was front and center, taking his then-wife Marla Maples to Game 3 of the NBA Finals in 1994 and his current wife, first lady Melania Trump, to Game 2 of the Eastern Conference Finals in 1999. In between, he added to his Knicks fan bona fides with a cameo in the Knicks-themed Whoopi Goldberg film “Eddie” in 1996.

Back then, Trump was a more of a mythic figure than a consequential one, known as much for the women he dated and married as the buildings he built.

But just as those Knicks came up short in the NBA Finals against Hakeem Olajuwon and the Houston Rockets and David Robinson and the Spurs, Trump was running into problems of his own. His business empire was in disarray after his casinos fell into financial trouble and his airline, Trump Shuttle, went out of business.

Like the Knicks, Trump went into rebuilding mode and charted a new course: reality TV with NBC's “The Apprentice” and “Celebrity Apprentice,” and then, politics. On a Knicks TV broadcast in 2010, he hinted at a possible presidential run.

That same year, as the Knicks struggled to recapture the magic of the 1990s, Trump recorded a video trying to persuade LeBron James to join the team.

“The real winners of the world want to be here," Trump told him.

FILE - President Donald Trump watches Derrick Lewis fight Blagoy Ivanov, right, at UFC 244 at Madison Square Garden, Nov. 2, 2019, in New York. (AP Photo/ Evan Vucci, File)

FILE - Donald Trump, right, talks to an unidentified man from the stands at Madison Square Garden during the New York Knicks game against the Dallas Mavericks on Jan. 11, 2006, in New York. (AP Photo/Kathy Willens, File)

FILE - Actor Elliott Gould, left, joins Donald Trump, center, and Marla Maples at courtside during an NBA basketball game between the Phoenix Suns and the New York Knicks at Madison Square Garden, in New York, March 6, 1991. (AP Photo/Steve Freeman, File)