The U.S. Supreme Court announced it will hear TikTok’s First Amendment challenge against a law that could lead to the app’s ban in the United States. The law, set to take effect on January 19, 2025, prohibits app stores and websites from distributing TikTok unless its Chinese parent company, ByteDance, divests its ownership. Oral arguments are scheduled for January 10, nine days before the law is enacted.
The Protecting Americans From Foreign Adversary Controlled Applications Act, passed earlier this year, is rooted in concerns that the Chinese government could access U.S. user data or manipulate public opinion through TikTok. The Justice Department has deemed TikTok “a national-security threat of immense depth and scale,” citing the vast data it collects on American users. Congress echoed these concerns, arguing that ByteDance’s headquarters in Beijing subjects the company to Chinese national security laws, potentially enabling propaganda or manipulation. However, no concrete evidence of such actions has been presented.
TikTok and a group of content creators argue the law violates First Amendment rights, not just for the platform but also for its 170 million American users. They claim the law imposes unconstitutional restrictions on speech by targeting the app’s perceived content and viewpoints. TikTok warned the ban could cause “massive irreparable injury,” potentially costing the company over $1 billion in revenue and creators nearly $300 million in earnings for just one month of suspension.
ByteDance has rejected divestment as a solution, citing technological, commercial, and legal infeasibility. To address privacy concerns, the company partnered with Oracle to store U.S. user data in Singapore and America. It also emphasized that TikTok is unavailable in China, where a similar app called Douyin is used instead. Despite these measures, the D.C. Circuit Court of Appeals upheld the law earlier this month, stating national security interests outweigh the free speech concerns raised by TikTok. The court noted the risks of covert content manipulation through the platform.
TikTok and ByteDance filed emergency petitions asking the Supreme Court to block the law, warning of the logistical challenges of shutting down the app for U.S. users if the law is enforced. A coalition of digital rights groups has also urged the court to halt the legislation, arguing it imposes unconstitutional content-based restrictions on speech. Legal experts, including Carl Tobias, a law professor at the University of Richmond, highlighted the expedited timeline for the case. “The justices’ decision to hear the appeal on such short notice highlights the urgency of the situation,” Tobias noted. He suggested President Joe Biden could grant a 90-day extension, as allowed by the law, to provide more time for deliberation. However, such a decision might face complications, especially with the incoming administration led by Donald Trump.
The case has far-reaching implications, potentially severing access to TikTok for its vast American user base. In response to the Supreme Court’s decision to take up the case, TikTok expressed optimism, stating, “We believe the court will find the TikTok ban unconstitutional, allowing Americans to continue exercising their free speech rights.” Meanwhile, former President Donald Trump, who will assume office the day after the ban is set to take effect, recently expressed a more favorable stance toward TikTok. At a press conference, Trump indicated a willingness to engage with the platform’s leadership, describing a “warm spot” for TikTok.
