US Supreme Court to hear Chinese-owned TikTok’s appeal against ban
The US Supreme Court extended TikTok a thin, temporary lifeline on Wednesday, agreeing to hear its appeal against the law banning it unless it gives up its Chinese ownership.
The court fast-tracked the appeal, setting a hearing for January 9, just 10 days before the law passed by Congress comes into effect.
While the court did not order a stay of the law, it agreed to hear the case, leaving open the possibility that the appeal could be dismissed, upheld, or temporarily stayed for further consideration.
TikTok, owned by Chinese company ByteDance, took the case to the Supreme Court after an appeals court ruled against its argument that the law violated the US Constitution’s guarantee of freedom of expression.
The law, supported by both Democratic and Republican lawmakers, was based on national security concerns. It argued that the Chinese government could access information from TikTok’s 120 million US users and potentially manipulate the app for propaganda purposes.
TikTok claims protection under the US Constitution’s First Amendment, which guarantees freedom of speech, though China itself bans TikTok and US social media platforms like Facebook and YouTube.
India banned TikTok and 58 other apps in 2020 over similar national security concerns.
The law is set to take effect just two days before Donald Trump’s inauguration as President. Although Trump initiated the move for a ban in 2020, he has since changed his stance and expressed support for TikTok, citing its popularity among young people.
If the Supreme Court upholds the ban, Trump cannot undo the law, but he could influence the Justice Department’s enforcement of it.
The law, passed in April and signed by President Biden, prohibits app stores like Google and Apple from offering TikTok in the US, and internet hosting companies from supporting it starting January 19. Non-compliance could result in fines of up to $5,000 for each user with access to TikTok.
