WASHINGTON — The Supreme Court announced on Wednesday its plans to hear arguments next month regarding the constitutionality of a federal statute that could potentially prohibit TikTok in the U.S. unless its Chinese owner, ByteDance, agrees to sell the platform.
Arguments are scheduled for January 10, focusing on whether this law unjustly restricts free speech, in violation of the First Amendment. Passed in April, the law includes a deadline of January 19 for TikTok to undergo a sale or face a ban within the United States, where the app boasts over 170 million users.
It remains uncertain when a ruling may be delivered. Still, the Supreme Court could take action post-arguments to block the law from being implemented while awaiting a conclusive decision, should a majority of the justices deem it unconstitutional.
Legal representatives for TikTok and ByteDance have urged the justices to intervene before the January deadline. Additionally, the court will consider perspectives from content creators who depend on the platform for their livelihoods, as well as various TikTok users.
This timing coincides with the outgoing Biden administration’s Justice Department defending the law, which garnered bipartisan support in Congress and was signed into effect by President Biden in April. However, the incoming Republican administration might approach the law differently.
President-elect Donald Trump, who initially endorsed a ban on TikTok but recently committed to “saving TikTok” during his campaign, has indicated that his administration will review the matter. Trump recently met with TikTok CEO Shou Zi Chew at his Mar-a-Lago club in Florida.
Reports suggest that a shutdown lasting just one month could result in TikTok losing nearly a third of its daily users in the U.S., along with a significant drop in advertising revenue.
The upcoming case juxtaposes free speech rights against government claims of national security, introducing new considerations regarding social media platforms. TikTok spokesperson Michael Hughes expressed optimism, stating, “We believe the Court will find the TikTok ban unconstitutional so the over 170 million Americans on our platform can continue to exercise their free speech rights.”
Free-speech advocates have also commended the Supreme Court’s decision to review the case. David Greene, an attorney from the Electronic Frontier Foundation, stated, “The government should not be able to restrict speech without proving with evidence that the tools are presently seriously harmful. But in this case, Congress has required and the DC Circuit approved TikTok’s forced divestiture based only upon fears of future potential harm, which significantly lowers established standards for restricting freedom of speech in the U.S.”
A panel of judges from the U.S. Court of Appeals for the District of Columbia Circuit unanimously upheld the law on December 6 and subsequently denied an emergency request to delay its enactment.
Should no judicial action occur, the law is set to take effect on January 19, which would open app stores offering TikTok and internet hosting services to the risk of fines. The Justice Department would be responsible for enforcing this law by investigating violations and pursuing sanctions. Nevertheless, attorneys for TikTok and ByteDance have argued that Trump’s Justice Department might halt enforcement or find ways to alleviate the law’s more severe impacts, especially as he takes office the day after the law is due to be enacted.
