WASHINGTON (NEXSTAR) - The fate of social media giant TikTok is now in the hands of the U.S. Supreme Court. On Friday, the justices heard oral arguments on behalf of TikTok and its users, who argue the looming Jan. 19 ban violates the First Amendment rights of its roughly 170 million American users. The federal law in question was passed by Congress and signed by President Joe Biden in April 2024. It requires TikTok to sell to an American buyer or face a ban. In court, the Biden administration argued that TikTok’s Chinese parent company, ByteDance, poses a national security threat. “Tiktok’s immense data set would give the PRC a powerful tool for harassment, recruitment, and espionage,” U.S. Solicitor General Elizabeth Prelogar said. TikTok attorney Noel Francisco countered, denying that user data is at risk. He argued the app is being unfairly targeted, pointing to tech giants like Google and Amazon that also collect vast amounts of user data, while other Chinese-owned companies such as Temu and Shein have not faced similar scrutiny. The justices appeared unsympathetic to TikTok’s free speech claim. Justice Samuel Alito questioned why users could not simply switch to a different platform, likening the app to a “favorite article of clothing” that could be replaced with something “exactly” the same. TikTok maintained that its unique algorithm cannot be separated from ByteDance, making a sale infeasible. Francisco argued that replicating the algorithm would take years. He warned that without court intervention, the app will "go dark" on Jan. 19. TikTok is seeking a preliminary injunction to block the sale requirement until President-elect Donald Trump, who campaigned on a promise to “save TikTok,” is sworn in and can address the issue. Legal experts, however, say it is unclear whether Trump could disregard the federal mandate. Prelogar urged the court to uphold the law, asserting that Congress had clearly identified ByteDance’s ties to China as a "grave threat" to U.S. national security. She accused TikTok of playing a game of brinkmanship. “It’s hoping the United States is going to blink first,” Prelogar said. She also emphasized that the sale is not permanent and that TikTok could regain access to the market if it divests from ByteDance. The justices have 10 days to decide before the app faces removal from app stores.