The U.S. Supreme Court announced it will hear arguments on January 10, 2025, regarding the constitutionality of a federal law that could ban TikTok in the United States unless its Chinese parent company, ByteDance, sells the platform. The case raises significant questions about free speech and national security, with implications for TikTok’s 170 million U.S. users and its content creators.
The law, passed in April with bipartisan support and signed by President Joe Biden, set a January 19 deadline for ByteDance to divest TikTok or face a nationwide ban. TikTok has argued that the law violates the First Amendment by unduly restricting freedom of expression.
Supreme Court intervention and timeline
The Supreme Court’s decision to hear the case marks a critical juncture. While the timing of a final ruling remains unclear, the court could take temporary action after oral arguments on January 10 to delay the law’s implementation, particularly if at least five justices find the law unconstitutional.
ByteDance and TikTok have also sought intervention from the courts to protect the platform’s operations before the January 19 deadline. The court will also consider arguments from TikTok content creators and users who depend on the platform for income, as well as those who argue that a ban would harm freedom of speech.
The Biden administration’s Department of Justice will defend the law in court, ensuring continuity of the federal government’s position. However, with President-elect Donald Trump set to take office on January 20, the incoming administration could take a different approach, potentially opting to suspend enforcement of the law.
During his campaign, Trump promised to “save TikTok,” despite having attempted to ban the platform during his previous term. On Monday, Trump met with TikTok CEO Shou Zi Chew at his Mar-a-Lago club in Florida, signaling an interest in resolving the matter.
Potential impact of a ban
TikTok has warned that a ban could result in the platform losing one-third of its daily active users in the United States and significant advertising revenue. The law would also place restrictions on app stores and internet hosting services, effectively preventing TikTok’s distribution and operation within the U.S.
The case pits the government’s stated goal of protecting national security against constitutional protections for free expression. Federal officials have long expressed concerns about ByteDance’s links to the Chinese government, arguing that TikTok could facilitate data collection or influence operations detrimental to U.S. interests.
Recent developments
On December 6, a panel of federal judges from the U.S. Court of Appeals for the District of Columbia Circuit upheld the law, clearing the way for its implementation. However, the panel also issued an emergency request to delay the law’s enforcement, allowing the Supreme Court to intervene.
If no further court action is taken, the law will take effect on January 19. App stores and internet hosting services would be required to block TikTok, and the Department of Justice would begin investigating violations and imposing sanctions.
TikTok and ByteDance have urged the incoming Trump administration to reconsider enforcement, arguing that the law’s sweeping consequences could be mitigated or delayed.
Looking ahead
With Trump set to take office just a day after the law is due to take effect, the case adds another layer of uncertainty to an already complex legal and political situation. The Supreme Court’s ruling will likely have far-reaching implications for the tech industry, free speech, and U.S.-China relations.
As the January 19 deadline approaches, all eyes will be on the court’s decision and the incoming administration’s response to this high-stakes battle over one of the world’s most popular social media platforms.
