(WASHINGTON) — The Supreme Court announced it will hear arguments next month regarding the legality of a potential TikTok ban in the United States, contingent on its Chinese parent company’s failure to divest.
On January 10th, the justices will consider whether this law unduly restricts free speech, violating the First Amendment.
Enacted in April, the legislation mandates a January 19th deadline for TikTok’s sale, otherwise facing a U.S. ban. The popular platform boasts over 170 million American users.
The court’s decision timeline remains uncertain.
TikTok and ByteDance’s legal teams urged the Supreme Court’s intervention before January 19th. The court will also hear arguments from content creators and users who depend on the platform.
The timing means the Biden administration’s Department of Justice will defend the law, which passed Congress with bipartisan support and received presidential signature in April.
The incoming Republican administration may hold differing views on the legislation.
President-elect Trump, who previously favored a ban but later suggested a review during his campaign, stated his administration would assess the situation. Trump met with TikTok CEO Shou Zi Chew at Mar-a-Lago on Monday.
The companies project that even a one-month shutdown would cost TikTok approximately one-third of its daily U.S. users and substantial advertising revenue.
This case presents a clash between free speech and national security concerns, introducing novel issues surrounding social media platforms.
A federal appeals court unanimously upheld the law on December 6th, subsequently denying an emergency request for a delay.
Without judicial intervention, the law will take effect January 19th, potentially subjecting app stores and internet hosting services supporting TikTok to penalties.
The Justice Department would be responsible for enforcement, investigating potential violations and pursuing sanctions. However, TikTok and ByteDance’s legal counsel argue that Trump’s Justice Department could pause enforcement or mitigate the law’s harshest consequences. Trump’s inauguration occurs the day after the law’s scheduled implementation.