The Supreme Court announced that it will review the constitutionality of a federal law that could result in a ban on TikTok in the U.S. if its Chinese parent company, ByteDance, does not sell it. The justices are set to hear arguments on January 10 regarding whether the law violates the First Amendment by restricting free speech.
Enacted in April, the law gives TikTok a deadline of January 19 to sell the platform or face a potential ban in the U.S. TikTok has over 170 million users in the country. It is uncertain when the Court will issue its decision, but if at least five justices agree the law is unconstitutional, they could block it from taking effect while they continue deliberating.
TikTok’s legal team, along with content creators who rely on the platform for their livelihoods, have urged the Court to intervene before the January 19 deadline. Additionally, some TikTok users will also present arguments during the hearings.
The timing of the Supreme Court’s review means that the Justice Department under the outgoing Biden administration will defend the law. The law, which received bipartisan support in Congress, was signed by President Joe Biden in April.
The incoming Republican administration may have a different stance on the law. President-elect Donald Trump, who previously supported a TikTok ban but later promised to “save TikTok” during his campaign, has stated that his administration will review the situation. Trump recently met with TikTok CEO Shou Zi Chew at his Mar-a-Lago club in Florida.
TikTok has warned that a month-long shutdown could lead to a loss of around one-third of its daily U.S. users and a significant drop in advertising revenue.
The case raises important issues, balancing free speech rights with the government’s goal of protecting national security, while also addressing new challenges posed by social media platforms.
On December 6, a panel of federal judges from the U.S. Court of Appeals for the District of Columbia Circuit unanimously upheld the law and rejected an emergency request to delay its enforcement.
Unless the court intervenes, the law will go into effect on January 19, potentially leading to fines for app stores that offer TikTok and internet hosting services that support the platform.
The Justice Department would be responsible for enforcing the law, including investigating violations and seeking penalties. However, lawyers for TikTok and ByteDance argue that the Trump administration’s Justice Department might choose to delay enforcement or lessen the law’s harshest impacts, as Trump will take office the day after the law is set to take effect.