WASHINGTON — The Supreme Court has announced that it will review the constitutionality of a federal statute that may lead to a ban on TikTok in the U.S. if its Chinese parent company, ByteDance, does not divest its ownership. The arguments are set to take place on January 10, addressing the potential infringement of free speech as outlined in the First Amendment.
This legislation, passed in April, sets a deadline of January 19 for TikTok to be sold; otherwise, the platform could be banned within the United States. Currently, TikTok has over 170 million users across the country, making it a significant player in the social media space.
The timeline for a final decision remains uncertain. However, the Supreme Court could issue a ruling to halt the law’s enforcement pending a comprehensive review, should a majority of the justices find it unconstitutional. TikTok’s legal team, along with ByteDance, has strongly urged the court to intervene before the January deadline. Additionally, the case will include insights from content creators reliant on TikTok for their income, as well as various users of the app.
As the oral arguments approach, the outgoing Biden administration’s Justice Department will advocate for the law, which garnered bipartisan support in Congress and was signed into law by President Biden in April. It remains to be seen whether the incoming Republican administration will maintain the same stance regarding this legislation.
President-elect Donald Trump had previously supported a ban on TikTok but shifted his position during the campaign, stating he would “save TikTok,” and indicated that his administration would reassess the issue. Recently, Trump had a meeting with TikTok CEO Shou Zi Chew at his Mar-a-Lago estate in Florida.
If the ban were to be implemented, it is projected that TikTok would lose about a third of its daily users in the U.S. along with a considerable loss in advertising revenue. The case raises complex questions about the balance between free speech and the government’s national security concerns while also exploring the broader implications for social media platforms.
On December 6, a panel of federal judges from the U.S. Court of Appeals for the District of Columbia Circuit affirmed the law’s constitutionality and subsequently turned down an emergency request to delay its enforcement. Should no judicial intervention occur, the law is set to come into effect on January 19, which could lead to fines for app stores that host TikTok and the internet service providers that support it.
The Justice Department will be directly responsible for enforcing the law, including investigating potential violations and pursuing penalties. However, TikTok’s legal representatives argue that Trump’s Justice Department might decide to temporarily halt the enforcement or take steps to alleviate the most severe impacts of the law. With Trump assuming office the day after the law’s scheduled enforcement, it adds another layer of complexity to the situation.