The U.S. Supreme Court decided on Wednesday to hear a bid by TikTok and its China-based parent company ByteDance to block a law intended to force the sale of the short-video app by Jan. 19 or face a ban on national security grounds.
The justices did not immediately act on an emergency request by TikTok and ByteDance, as well as some of its users who post content on the social media platform, for an injunction to halt the looming ban, opting instead to hear arguments on the matter on Jan. 10.
The challengers are appealing a lower court’s ruling that upheld the law. TikTok is used by about 170 million Americans.
Congress passed the measure in April. The U.S. Justice Department had said that as a Chinese company, TikTok poses “a national-security threat of immense depth and scale” because of its access to vast amounts of data on American users, from locations to private messages, and its ability to secretly manipulate content that Americans view on the app. TikTok has said it poses no imminent threat to U.S. security.
TikTok and ByteDance asked the Supreme Court on Dec. 16 to pause the law, which they said violates free speech protections under the U.S. Constitution’s First Amendment.
TikTok on Wednesday said it was pleased the court will take up the issue. “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,” the company said.
The companies said that being shuttered for even one month would cause TikTok to lose about a third of its U.S. users and undermine its ability to attract advertisers and recruit content creators and employee talent.
The U.S. Court of Appeals for the District of Columbia Circuit in Washington on Dec. 6 rejected the First Amendment arguments by the companies.
In their filing to the Supreme Court, TikTok and ByteDance said that “if Americans, duly informed of the alleged risks of ‘covert’ content manipulation, choose to continue viewing content on TikTok with their eyes wide open, the First Amendment entrusts them with making that choice, free from the government’s censorship.”
Senate Republican leader Mitch McConnell on Wednesday, in a brief filed with the Supreme Court, urged the court to reject any delay, comparing TikTok to a hardened criminal.
Trump has ‘a warm spot’ for TikTok
A U.S. ban on TikTok would make the company far less valuable to ByteDance and its investors, and hurt businesses that depend on TikTok to drive their sales.
U.S. president-elect Donald Trump, who unsuccessfully tried to ban TikTok during his first term in 2020, has reversed his stance and promised during the presidential race this year that he would try to save TikTok. Trump said on Dec. 16 that he has “a warm spot in my heart for TikTok” and that he would “take a look” at the matter.
Trump takes office on Jan. 20, the day after the TikTok deadline under the law.
In its decision, the D.C. Circuit wrote, “The First Amendment exists to protect free speech in the United States. Here the government acted solely to protect that freedom from a foreign adversary nation and to limit that adversary’s ability to gather data on people in the United States.”
TikTok has denied it has or ever would share U.S. user data, accusing American lawmakers in the lawsuit of advancing speculative concerns, and has characterized the ban as a “radical departure from this country’s tradition of championing an open internet.”
The dispute comes at a time of growing trade tensions between the world’s two biggest economies after President Joe Biden’s administration placed new restrictions on the Chinese chip industry and China responded with a ban on exports of gallium, germanium and antimony to the United States.
Justin Trudeau’s Liberal government has banned TikTok’s business operations in Canada over national security concerns, but Canadians can still use the app. Government officials have said the decision was made on advice from Canada’s security and intelligence community.
The U.S. law would bar providing certain services to TikTok and other foreign adversary-controlled apps, including offering it through app stores such as Apple and Alphabet’s Google, effectively preventing its continued U.S. use unless ByteDance divests TikTok by the deadline.
An unimpeded ban could open the door to a future crackdown on other foreign-owned apps. In 2020, Trump also tried to ban WeChat, owned by Chinese company Tencent, but was blocked by the courts.
Shutdown order in Canada
In November, citing national security concerns, the Trudeau government ordered TikTok to shutter its Canadian operations — but said users would still be able to access the popular video app.
The government had ordered the dissolution of TikTok’s Canadian business in the wake of a national security review of the Chinese company behind the social media platform.
In response, TikTok filed documents in Federal Court in Vancouver this month challenging the federal government’s order to shut down its operations in Canada, claiming it will eliminate hundreds of jobs and could terminate a quarter of a million contracts it has with Canadian advertising clients.Â
