U.S. Supreme Court Appears Likely to Uphold TikTok Ban
The Supreme Court heard arguments today after which it will determine the fate of TikTok, which stands to be banned in the United States on January 19. The company has already said it would rather be banned than sell.
Update 1/10 @ 11:45 AM PT: After over two hours of hearing oral arguments from both sides, it seems likely that the Supreme Court will uphold the law that will ban TikTok in the United States. As CNN reports, Chief Justice Roberts appeared skeptical that First Amendment protections apply to this case and Justice Kavanaugh appeared to be swayed by the national security concerns presented before the court.
During the hearing, the Court asked if it were possible for Donald Trump, who will take the office of President later this month, could simply refuse to enforce the ban. US Solicitor General Elizabeth Prelogar said that yes, that was possible and up to his discretion.
The final ruling from the court is expected in the next few days. Original story below.
At the time of publication, the United States government is presenting its case in front of the Supreme Court as TikTok’s attorneys already presented their case earlier this morning. This is the final stand for TikTok, which will be banned on January 19 if the Supreme Court does not step in.
A summary of the arguments has been succinctly put together by The Verge.
Multiple US agencies and public officials have stated that TikTok poses a national security risk to the United States because, at any time, the Chinese government could compel the company to hand over a huge trove of US citizens’ personal data — this is the same argument that US Solicitor General Elizabeth Prelogar is reiterating to the Court today.
The law that called for the Chinese-based parent company Bytedance to divest or be banned was passed last year and signed by President Joe Biden. TikTok has since sued multiple times in an attempt to overturn the law, but appeals courts upheld the ban — it was denied an emergency bid to stop the ban from taking place on December 16, 2024 — to this point which has led to it appearing before the Supreme Court today (which it agreed to do on December 18, 2024).
“Congress has passed my legislation to strengthen our national security and send a message to the world about the power of American leadership: we stand resolutely for democracy and freedom, and against tyranny and oppression,” President Biden said last year when the bill was signed into law.
TikTok has faced scruity and bans from both sides of the American political aisle. Before President Biden’s term, then-president Trump attempted to ban the app via executive order which was found to be unconstitutional. In response, congress worked to pass the ban as a law in 2024. Trump has since flip-flopped, now saying that he vows to overturn the law once sworn in.
“We believe the facts and the law are clearly on our side, and we will ultimately prevail,” TikTok said in a public response to the passage of the law last year.
“The fact is, we have invested billions of dollars to keep U.S. data safe and our platform free from outside influence and manipulation. This ban would devastate seven million businesses and silence 170 million Americans. As we continue to challenge this unconstitutional ban, we will continue investing and innovating to ensure TikTok remains a space where Americans of all walks of life can safely come to share their experiences, find joy, and be inspired.”
Image credits: Header photo licensed via Depositphotos.
