In the Supreme Court hearings, the attorney for TikTok and its parent firm, ByteDance, cautioned against a law that could either mandate the sale of TikTok or lead to its ban in the United States. The attorney contended that this law might also affect other companies.
The law debated by the nine justices last Friday mandates that ByteDance must divest TikTok by January 19 or face a ban based on national security concerns. The companies have requested a delay in the law’s implementation, claiming it infringes on the US Constitution’s First Amendment by limiting free speech.
Noel Francisco, representing TikTok and ByteDance, cautioned that endorsing this law could lead to similar actions against other companies. During the hearing, the justices appeared likely to support the law, though some expressed significant reservations about its implications for free speech.
The Supreme Court is considering a possible TikTok ban. Here’s what to know about the case https://t.co/G2gDlndstN pic.twitter.com/ONxva6UEM8
— Toronto Sun (@TheTorontoSun) January 10, 2025Last year, Congress targeted TikTok, a platform with around 170 million users in the U.S.—almost half the nation’s population—over concerns regarding Chinese espionage and covert influence efforts. Democratic President Joe Biden enacted this law, which received significant bipartisan support. Strategically, lawmakers have set the divestiture deadline for the day before Republican Donald Trump, who opposes the ban, assumes office.
Solicitor General Elizabeth Prelogar defended the Biden administration’s stance and emphasized the importance of the January 19 deadline for compelling ByteDance to comply. Prelogar argued that the deadline might push ByteDance to proceed with the divestiture, as “foreign adversaries do not willingly relinquish control over significant communication channels in the United States.”
TikTok is again urging the Supreme Court to overturn looming US ban. SCOTUS is set to hear arguments on the TikTok case Jan. 10. pic.twitter.com/0nk3SRoVhI
— Bloomberg Law (@BLaw) January 3, 2025If enforced, the ban would prevent Apple and Google from offering TikTok for new downloads starting January 19, though existing users could still access the app. The US government and TikTok acknowledge that the app would deteriorate over time without support services.
Read: TikTok Takes Supreme Court Battle to Block U.S. Ban
On December 27, Trump called on the court to delay the January 19 deadline, suggesting that his administration might seek a political solution to the issues raised in the case.
