The US Supreme Court has announced that it will hear arguments on January 10, 2025 on the constitutionality of a federal law that could ban TikTok in the US unless its Chinese parent company, ByteDance, sells the platform. The case raises significant questions about free speech and national security, with implications for TikTok's 170 million U.S. users and its content creators.
The law, passed in April with bipartisan support and signed by President Joe Biden, set a Jan. 19 deadline for ByteDance to divest TikTok or face a nationwide ban. TikTok has argued that the law violates the First Amendment by unduly restricting free expression.
Supreme Court intervention and timing
The Supreme Court's decision to hear the case marks a critical moment. While the timing of the final ruling remains unclear, the court could take temporary action after oral arguments on Jan. 10 to delay implementation of the law, particularly if at least five justices find the law unconstitutional.
ByteDance and TikTok have also asked the courts to intervene to protect the platform's operations ahead of the January 19 deadline. The court will also consider arguments from TikTok content creators and users who depend on the platform for their income, as well as those who argue that a ban would harm free speech.
The Biden administration's Justice Department will defend the law in court, ensuring the federal government's continued position. However, with President-elect Donald Trump taking office on January 20, the incoming administration may take a different approach, potentially opting to suspend enforcement of the law.
During his campaign, Trump promised to “save TikTok,” despite attempting to ban the platform during his previous term. On Monday, Trump met with TikTok CEO Shou Zi Chew at his Mar-a-Lago club in Florida, signaling interest in resolving the matter.
Potential impact of a ban
TikTok has warned that a ban could lead to the platform losing a third of its daily active users in the United States and huge advertising revenue. The law would also place restrictions on app stores and internet hosting services, effectively preventing TikTok from being distributed and operated in the United States.
The case pits the government's stated goal of protecting national security against constitutional protections for free expression. Federal officials have long expressed concerns about ByteDance's ties to the Chinese government, arguing that TikTok could facilitate data collection or influence operations harmful to U.S. interests.
Recent developments
On December 6, a panel of federal judges on the U.S. Court of Appeals for the District of Columbia Circuit upheld the law, paving the way for its implementation. However, the commission also issued an emergency request to delay enforcement of the law, allowing the Supreme Court to intervene.
If no further judicial action is taken, the law will come into force on January 19. App stores and internet hosting services would be required to block TikTok, and the Justice Department would begin investigating violations and imposing fines.
TikTok and ByteDance have urged the new Trump administration to reconsider enforcement of the law, arguing that the law's sweeping consequences could be mitigated or delayed.
Looking ahead
With Trump set to take office just a day after the law takes effect, the case adds another layer of uncertainty to an already complex legal and political situation. The Supreme Court ruling will likely have far-reaching implications for the tech industry, free speech and U.S.-China relations.
As the January 19 deadline approaches, all eyes will be on the court's decision and the incoming administration's response to this high-stakes battle on one of the world's most popular social media platforms.
