Supreme Court justices cast serious doubt on TikTok’s free speech arguments in a case that will decide the future of an app that is used by 170 million Americans. TikTok is fighting a law passed by Congress last year that requires its parent company to sell the app or be prohibited from operating in the United States.

Unless the justices strike down the law, or delay its implementation, the most popular short-form video app in the country will disappear from app stores in nine days.

The justices were skeptical from the very beginning, when Justice Clarence Thomas asked the app’s lawyers, “What is TikTok’s speech?” 

The attorneys argued their speech is their algorithm, which suggests content for users based on their personal traits, preferences and consumption habits. Thomas responded by saying they are converting the restriction on ByteDance’s ownership of the app as TikTok’s speech.

Chief Justice John Roberts pointed out that the free speech argument does not address Congress’ stated intention for passing the law.

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