Supreme Court to Review TikTok’s Appeal Against Law Mandating Shutdown or Sale
The U.S. Supreme Court has agreed to review TikTok’s appeal against a law requiring the Chinese-owned social media platform to either sell its U.S. operations or cease operations entirely by January 19.
TikTok and its parent company, ByteDance, argue that the Protecting Americans from Foreign Adversary Controlled Applications Act (PFACAA) is unconstitutional, claiming it infringes on the First Amendment rights of TikTok’s 170 million U.S. users by effectively restricting their free speech. The Biden administration introduced the law, citing concerns about national security and user privacy, alleging that TikTok enables ByteDance employees in China to access U.S. user data, despite assurances that such data is stored in the U.S.
After several legal battles over the Act, the most recent and critical decision came from the U.S. Court of Appeals for the District of Columbia, which upheld the PFACAA, deeming it justified on national security grounds and rejecting TikTok’s free speech claims.
In response, TikTok filed a last-ditch appeal to the Supreme Court, which has discretion over which cases it hears. The Court typically accepts cases that hold national significance, resolve conflicting federal court decisions, or set important legal precedents.
On Wednesday, the Supreme Court announced it would evaluate whether the PFACAA violates the First Amendment’s free speech protections.
Both sides must adhere to tight deadlines, with briefs due on December 27 and responses by January 5. Oral arguments are scheduled for January 10, with the Court allocating two hours for the session. However, it remains unclear when the Court will issue its decision.
The timeline is pressing: TikTok must comply with the law’s January 19 deadline to divest from Chinese ownership or shut down. The Biden administration could authorize a 90-day extension, though it has shown little inclination to do so. Alternatively, the matter could extend into the term of the next administration, with President-elect Donald Trump set to take office on January 20.
In a brief statement, TikTok welcomed the Supreme Court’s decision to hear the case, expressing confidence that the Court would overturn the ban and allow Americans to continue using the platform. The White House has yet to comment.
No U.S.-based company has expressed interest in acquiring TikTok, and ByteDance has shown resistance to selling the platform. Without a buyer, TikTok’s future in the U.S. remains uncertain.
