The Supreme Court is set to review a law that may impose a ban on TikTok this Friday, placing significant decision-making power regarding the app’s future into the hands of the justices. The widely used social media application argues that this legislative measure infringes upon First Amendment rights and urges that it be deemed unconstitutional.
Concerns regarding national security have arisen because TikTok’s parent company is based in China. U.S. officials claim that this relationship poses a risk, suggesting that Chinese authorities might compel the company to relinquish sensitive information about the vast user base in America or sway the dissemination of content on the app. An appellate court has confirmed the legality of the law, which mandates the sale of TikTok as a condition for its continued operation within the United States.
The law is scheduled to take effect on January 19, coinciding with the commencement of a new presidential term for Donald Trump, who has amassed 14.7 million followers on the platform and has publicly expressed intentions to “save TikTok.”
Key points regarding the current legal situation include:
**Is TikTok currently banned?**
As it stands, TikTok is not prohibited, but the app is at risk of being shut down if the Supreme Court endorses the law, which could happen within a fortnight. The measure received bipartisan backing from Congress and was enacted by President Joe Biden in April. TikTok’s legal team is contesting this law in court, with support from users and content creators who argue that a ban would jeopardize their livelihoods. The company contends that the national security fears are founded on misconstrued and speculative data.
Despite this, a unanimous panel from the appellate court, composed of judges appointed by administrations from both parties, has upheld the law.
**When will a decision be rendered by the Supreme Court?**
After hearing arguments on Friday, the justices are expected to issue a ruling—this swift timeline is notable given court norms. The conservative-leaning court might hint at its inclinations during oral discussions. Lawyers for TikTok have urged the justices to intervene swiftly, warning that even a temporary suspension could lead to the app losing nearly one-third of its daily American users along with substantial advertising income. If a majority of the nine justices find the law likely unconstitutional, they may take immediate action to prevent its execution while deliberating further.
**What is Trump’s stance on the matter?**
With the law set to come into force on the eve of his presidency, Trump has gone so far as to request that the Supreme Court delay the law’s implementation to facilitate discussions for TikTok’s sale following his inauguration. This move showcases his tendency to engage with national issues prior to taking office, marking a shift from his previous term when he sought a complete ban on the app. The parent company, ByteDance, has repeatedly indicated that they have no intention of selling. Last month, Trump met with TikTok CEO Shou Zi Chew at his Mar-a-Lago estate in Palm Beach, Florida.
**Who else is involved in the discussion?**
Organizations advocating for free speech, such as the ACLU and the Electronic Frontier Foundation, are pushing the court to obstruct the law, citing a lack of credible evidence indicating harm and arguing that a ban would greatly disrupt American lives. Conversely, former Senate leader Mitch McConnell, along with a coalition of 22 states, has submitted briefs in support of the law, contending that it upholds free speech rights by safeguarding the personal data of Americans and thwarting potential misinformation manipulation by Chinese entities.
