The Supreme Court has agreed to hear ByteDance and TikTok’s appeal of a law requiring the social media giant to divest from Chinese ownership or face a U.S. ban. Oral arguments are scheduled for January 10, just days before the Protecting Americans from Foreign Adversary Controlled Applications Act takes effect on January 19, the day before President-elect Donald Trump’s inauguration.
ByteDance filed an appeal to the Supreme Court on Monday, requesting the court block the sell-or-ban law. This followed an emergency motion the company submitted to a lower court to temporarily halt the law’s implementation. The Justice Department has defended the law, citing national security concerns about potential Chinese government influence over TikTok and the risk of data collection on American users.
The legislation, signed into law by President Biden in April, garnered bipartisan support in Congress. It mandates TikTok’s sale to a U.S.-based company or its removal from app stores. ByteDance argues the law infringes on free speech rights, a stance backed by the American Civil Liberties Union (ACLU). TikTok spokesperson Michael Hughes expressed optimism about the Supreme Court’s decision to hear the case, stating, “We believe the Court will find the TikTok ban unconstitutional so the over 170 million Americans on our platform can continue to exercise their free speech rights.”
Despite legal battles, TikTok may receive unexpected support from President-elect Trump, who reportedly pledged to preserve the app during his campaign. TikTok CEO Shou Chew recently met with Trump at Mar-a-Lago, as reported by CNN’s Kaitlan Collins. This marks a shift in Trump’s stance, given his attempts to ban TikTok during his first term.
The Supreme Court’s willingness to address the case swiftly—just two days after ByteDance filed its appeal—indicates its significance. However, the court has yet to issue a temporary block on the law as the January 19 deadline approaches.
