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The Supreme Court agreed to hear arguments on whether a bill that could ban TikTok violates the First Amendment. The arguments will take place on January 10th, just over a week before a potential ban could take effect.
While the outcome is far from guaranteed, SCOTUS’ decision to take up the case is a small win for TikTok, which is barreling toward expulsion from the US unless the court throws out or pauses the law, or its China-based parent company ByteDance agrees to sell it in time. The law at the center of the case, the Protecting Americans from Foreign Adversary Controlled Applications Act, seeks to prohibit apps like TikTok from being owned by companies in a set list of foreign adversary countries.
The Department of Justice successfully defended the law as constitutional before the DC Circuit Court of Appeals by arguing the government had a compelling interest in protecting US national security from foreign influence. Congress voted overwhelmingly to pass the bill after classified briefings in which intelligence officials shared concerns over how China could potentially use the app to exert influence over the kinds of content US users see, and potentially access sensitive data — though publicly, the government has not come forward with declassified information showing such dangers are already happening.
The arguments before the Supreme Court will consolidate two cases against the law, from both TikTok and a group of creators on the platform. The parties will get a total of two hours to make their cases. The court said it would defer a decision on whether to halt the law until after the oral arguments. The lower court had declined to stop the law from taking effect pending the Supreme Court’s review.
TikTok filed for an emergency injunction to the Supreme Court just two days ago. That same day, CEO Shou Zi Chew was set to meet with President-elect Donald Trump at Mar-a-Lago. Trump, who has noted his success on TikTok in the campaign, at one point seemingly promised to save the app, although his more recent comments post-election make it less clear how exactly he’d plan to do that. The deadline for the ban — unless the court stops it — is the day before Trump’s inauguration. The president has discretion to extend the deadline 90 days, though one big remaining question is whether China would even agree to let ByteDance sell the app.
