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TikTok on Monday petitioned the Supreme Court to block a law that could ban the popular video-sharing app unless its Chinese parent company, ByteDance, sells it to a U.S.-based entity.
The law, called the Protecting Americans from Foreign Adversary Controlled Applications Act, is set to take effect on January 19, one day before President-elect Donald Trump’s inauguration, unless the high court intervenes.
At the heart of the case are claims from TikTok and its supporters that the law violates the First Amendment’s protections for free speech.
“The Act will shutter one of America’s most popular speech platforms the day before a presidential inauguration,” TikTok’s lawyers argued in their filing. “This, in turn, will silence the speech of Applicants and the many Americans who use the platform to communicate about politics, commerce, arts, and other matters of public concern.”
TikTok’s Appeal to the Supreme Court
TikTok has asked the Supreme Court to act by January 6 to block the law temporarily. This move would pave the way for a full review of its constitutionality, potentially expediting a final ruling within months.
“Today, TikTok is asking the court to do what it has traditionally done in free speech cases: apply the most rigorous scrutiny to speech bans and conclude that it violates the First Amendment,” TikTok spokesperson Michael Hughes said.
Civil liberties groups, eight individual users, and Based Politics Inc., a conservative media group active on TikTok, have also joined the legal challenge. Their lawyers highlighted the potential harm of a ban, arguing it would devastate livelihoods and suppress free expression for millions of Americans.
National Security Concerns and Legal Backing
The federal government has defended the law, citing national security concerns. Officials argue that ByteDance’s ownership poses risks, including potential access to sensitive data about American users by the Chinese government and the possibility of content manipulation.
In its earlier ruling, the U.S. Court of Appeals for the District of Columbia Circuit upheld the law. While the court acknowledged it implicated the First Amendment, the three-judge panel concluded the law served a compelling government interest and was narrowly tailored to address those concerns.
Trump’s Position on TikTok
President-elect Trump has voiced conflicting opinions about TikTok. While he initially sought to ban the app during his first term, he has recently softened his stance.
Speaking at Mar-a-Lago on Monday, Trump described TikTok as having a “warm spot” in his heart. A source confirmed that Trump was scheduled to meet with TikTok CEO Shou Zi Chew later that day.
Trump’s evolving position on TikTok may signal a potential negotiation, especially as the app boasts 170 million American users, making it a significant player in the digital and social media landscape.
What’s at Stake
If the Supreme Court temporarily blocks the law, it would set the stage for a significant constitutional debate on free speech versus national security. However, if the court rejects TikTok’s appeal, the law will take effect as planned, likely forcing ByteDance to divest its U.S. operations.
With a decision expected soon, the fate of one of America’s most popular apps—and the broader implications for digital speech—hangs in the balance.
