Supreme Court to Rule on TikTok Ban as Justices Agree to Hear Case
The Supreme Court announced it will hear TikTok’s legal challenge to a federal law mandating the app’s separation from Chinese parent company ByteDance or face a U.S. ban. The case is scheduled for oral arguments on January 10, just days before the ban is set to take effect on January 19.
Key Details
- Hearing Scheduled: The Supreme Court will hear lawsuits brought by TikTok and its creators on January 10. This timeline allows the court to issue a ruling before the law takes effect.
- Request to Pause the Ban Denied: TikTok and its creators asked the court to delay the law’s implementation while the case is under review. The justices declined, citing the expedited schedule for a resolution.
- Focus of the Case: The court will evaluate whether the law, which bans TikTok unless ByteDance divests ownership, violates the First Amendment. TikTok argues the ban suppresses free speech, while the government insists it is necessary for national security.
- Appeals Court Ruling: A federal appeals court previously upheld the law, finding it the least restrictive means to address national security concerns and asserting that TikTok’s operations could continue if separated from ByteDance.
When Will the Supreme Court Decide?
The justices are expected to issue a ruling quickly after the January 10 hearing, likely before the January 19 deadline. If deliberations extend, the court may temporarily pause the law to prevent it from taking effect before a final decision is reached.
What Happens If the TikTok Ban Takes Effect?
- TikTok will not be removed from users’ devices, but Apple and Google app stores would no longer host the app.
- Users would be unable to download or update TikTok, causing the app to become outdated and potentially unusable over time.
- Internet service providers would also be barred from supporting TikTok’s distribution or maintenance, which TikTok claims would effectively disable the app in the U.S.
- TikTok has not announced plans to comply with the law by separating from ByteDance, asserting in court filings that such a move is not feasible.
Can Trump Stop the TikTok Ban?
Reports suggest President-elect Donald Trump is opposed to the ban, and while he hasn’t committed to blocking it, he recently expressed support for TikTok, saying he has a “warm spot” for the platform.
Options for Trump include:
- Pausing Enforcement: Trump could declare TikTok compliant with the law, even without full divestment. However, this approach could face legal challenges and risks being overturned in court.
- Negotiation: Trump might attempt to broker a deal for ByteDance to sell TikTok to a U.S. company, but ByteDance has so far resisted divestment. Experts suggest China might approve a sale if Trump offers concessions, such as easing tariffs.
Unexpected Consequences
If U.S. companies can no longer host TikTok’s user data, existing data might be transferred to China. A Forbes investigation revealed this occurred in India after its TikTok ban, potentially exposing data to the Chinese government—contrary to the law’s national security goals.
Background
The TikTok ban, signed into law in April, reflects bipartisan concerns over national security risks tied to ByteDance’s ownership. While TikTok denies ties to the Chinese government, reports have highlighted issues like spying on journalists, mishandling user data, and promoting propaganda.
TikTok and its creators argue the ban infringes on First Amendment rights. However, the federal appeals court ruled the ban was justified, offering TikTok a path to compliance through divestment. The Supreme Court will now determine whether the law stands or TikTok can continue operations under its current ownership.