The U.S. Supreme Court has agreed to hear arguments regarding the law that could lead to a TikTok ban, focusing on whether it violates the First Amendment. The hearing is scheduled for January 10, just days before the ban could be enforced, as reported by The Verge. This decision marks a significant but small victory for TikTok, offering the company a chance to avoid a full ban in the U.S. We’ll keep you updated as the case progresses and the final decision unfolds.
The Legal Context
The case centers on the “Protecting Americans from Apps Controlled by Foreign Adversaries Act,” which aims to prohibit ownership of apps like TikTok, especially those owned by companies in nations deemed foreign adversaries. The U.S. Department of Justice had previously successfully argued for the law’s constitutionality in the U.S. Circuit Court of Appeals, citing national security concerns about foreign influence. The law garnered strong support in Congress, particularly after closed-door briefings where intelligence agencies voiced concerns about the Chinese government potentially using TikTok to manipulate American users or access their data. However, the government has not provided public evidence to substantiate these claims.
What’s at Stake for TikTok
The hearing will consolidate two lawsuits—one filed by TikTok and the other by a group of content creators. The Supreme Court has allocated two hours for argument consideration. Despite requests from TikTok’s legal team, the court has refused to stay the law’s enforcement until the hearing. Previously, a lower court also declined to freeze the law. The outcome of this case remains uncertain, and it could hinge on whether the court overturns or temporarily suspends the law, notes NIX Solutions. Additionally, it could be influenced by whether ByteDance, TikTok’s parent company, opts to sell the app in the near future.
TikTok filed an emergency motion to overturn the law just two days before CEO Shou Zi Chew was scheduled to meet with Donald Trump at his Mar-a-Lago estate in Florida. While Trump has hinted at keeping the app, especially during his campaign, his recent statements have left the situation unclear. The law’s ban is set to expire a day before Trump’s inauguration, leaving the possibility for an extension of the ban for another 90 days.
We’ll keep you updated as more integrations become available and the case progresses.