The Supreme Court announced Wednesday that it will hear arguments next month on the constitutionality of a federal law that could ban TikTok in the United States unless its Chinese parent company, ByteDance, sells the platform.
The justices will consider the case on January 10, focusing on whether the law violates the First Amendment by restricting free speech. Enacted in April, the law set a January 19 deadline for TikTok’s sale or risk a nationwide ban. TikTok, a social media platform with over 170 million U.S. users, argues the law imposes severe consequences that would harm its business and users.
Lawyers representing TikTok, ByteDance, content creators, and users have pressed the court to act swiftly, according to AP’s report. They warn that even a brief shutdown could result in TikTok losing up to one-third of its daily U.S. users and a significant portion of its advertising revenue.
The timing of the Supreme Court arguments adds a layer of complexity, as the Biden administration, which defended the law, will transition to the Trump administration before enforcement begins. President-elect Donald Trump, who previously supported banning TikTok but later promised to “save” it, has signaled his administration might reevaluate the situation.
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The outgoing Biden administration’s Justice Department will present its defense of the law, passed with bipartisan support in Congress. However, Trump’s Justice Department could adopt a different approach after his January 20 inauguration, just one day after the law’s enforcement deadline.
The case raises critical questions about free speech, national security, and the role of social media platforms. A panel of federal judges in the D.C. Circuit upheld the law earlier this month and rejected an emergency plea to delay its implementation.
If the Supreme Court does not act to block the law, it will take effect on January 19. This would expose app stores offering TikTok and internet hosting providers supporting the platform to potential fines, with the Justice Department tasked with enforcement.
TikTok CEO Shou Zi Chew recently met with Trump at Mar-a-Lago, suggesting further discussions about the platform’s future. For now, the Supreme Court’s decision will be pivotal in determining the platform’s fate in the U.S.
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