On Wednesday, the U.S. Supreme Court agreed to consider a request from TikTok and its parent company, ByteDance, based in China, to prevent the enforcement of a law that would require the sale of the short-video platform by January 19 or risk being banned due to national security concerns.
The justices have not yet responded to TikTok’s emergency request for an injunction against the impending ban, but will hear arguments on January 10. The challengers are appealing a recent court decision that upheld the law passed by Congress in April and signed by President Biden.
The Justice Department has raised concerns about TikTok, a Chinese company, being a potential “national-security threat” due to its access to American users’ personal data. TikTok, however, maintains that it does not pose any immediate risk to U.S. security.
On December 16, TikTok and its parent company ByteDance petitioned the Supreme Court to halt a law they claim violates First Amendment rights. TikTok expressed confidence the court will rule the ban unconstitutional, allowing over 170 million U.S. users to continue exercising free speech. They warned that even a month-long shutdown could lead to a one-third loss of users, affecting their advertising and content creator appeal. Previously, the U.S. Court of Appeals dismissed their First Amendment claims. In their filing, TikTok and ByteDance argued that Americans should have the right to make informed choices about content without government interference.
Senate Republican leader Mitch McConnell urged the Supreme Court to quickly reject delays on TikTok, comparing the situation to that of a hardened criminal. A U.S. ban would harm ByteDance and businesses relying on the platform.
Former President Trump, who attempted to ban TikTok in 2020, has shifted his stance, stating he wants to save the app as he prepares for his new term starting January 20. The D.C. Circuit Court emphasized the First Amendment’s role in protecting free speech from foreign threats. TikTok denies sharing U.S. user data and views the proposed ban as contrary to open internet principles.
This issue arises amid rising U.S.-China trade tensions, following restrictions on the Chinese semiconductor industry. U.S. legislation could restrict TikTok and other foreign apps unless ByteDance sells the platform. In 2020, Trump also tried to ban WeChat, but the effort was blocked by the courts.