TikTok takes legal fight to US Supreme Court over ban threat

The US Supreme Court has agreed to hear TikTok’s final legal challenge against the impending ban or forced sale of its operations in the US.

This legal battle stems from the US Government’s assertion that TikTok poses a national security threat due to alleged ties to the Chinese government – claim strongly denied by TikTok and its parent company, ByteDance.

While the Court declined TikTok’s request for an emergency injunction to block the legislation, it will allow the company to present its arguments on January 10, just nine days before the ban is set to take effect. Earlier this month, a federal appeals court upheld the legislation, describing it as the result of “extensive, bipartisan action” by both Congress and successive presidential administrations.

The Supreme Court’s decision to hear the case is significant, given its selectivity – it reviews fewer than 100 cases annually out of thousands of petitions. TikTok has argued that the proposed ban violates the constitutional free speech rights of its US users.

In response to the Supreme Court’s order, TikTok expressed optimism. “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,” a TikTok spokesperson said in a statement to the BBC.

The case has sparked a broader debate over the intersection of free speech and national security. Carl Tobias, a law professor at the University of Richmond, highlighted the high stakes involved. “The appeals court found that national security was stronger than the First Amendment contentions. However, the Justices will scrutinise the potentially conflicting, but significant, values,” he explained in an email.

Predicting the outcome remains challenging, according to Sarah Kreps, a professor at Cornell University. “The case has already gone through the executive branch, the legislative branch, and the lower court, all of which upheld the argument that TikTok’s ownership by China-based ByteDance poses a national security risk,” she noted, adding that it would be unusual for the Supreme Court to overturn those rulings.

Political influence and uncertainty

TikTok’s fate may be determined by both legal proceedings and the political landscape. Former President Donald Trump, who recently won the US presidential election, may play a significant role. CBS News reports that Trump recently met with TikTok CEO Shou Zi Chew at his Mar-a-Lago estate in Florida.

Despite having supported a ban during his first term, Trump has since voiced opposition to the measure, suggesting that TikTok played a role in his strong support among younger voters. “I have a warm spot in my heart for TikTok, because I won youth by 34 points,” he said during a press conference, though election data indicates most voters aged 18–29 supported his opponent, Kamala Harris.

However, Trump will not assume office until January 20, a day after the ban’s deadline, leaving the app’s immediate future in doubt.

Meanwhile, opposition to TikTok remains strong in Washington. Senate Republican leader Mitch McConnell has urged the Supreme Court to reject the company’s challenge, describing its legal arguments as “meritless and unsound.”

(Image by Pixabay)

See also: TikTok banned in 2025? What’s next after US court ruling

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Tags: Social Media, tiktok