The Supreme Court has announced it will review whether a federal law that could result in a nationwide ban on TikTok violates the First Amendment. This decision sets the stage for a significant legal battle over free speech and national security concerns.
In an order issued Wednesday, the Supreme Court confirmed it will hold oral arguments on January 10 regarding TikTok’s challenge to the law. The legislation in question requires the popular video-sharing app to sever ties with its Chinese parent company or face a nationwide ban.
TikTok had previously filed an emergency application requesting the court to postpone the January 19 deadline for compliance. Instead of granting the delay, the justices moved the appeal to their regular docket to expedite a full review of the case.
Earlier this month, the U.S. Court of Appeals for the District of Columbia Circuit upheld the contested law. The appellate court ruled that the government’s national security concerns over TikTok’s connections to China outweighed the potential free speech implications of a ban.
The court concluded that these security concerns justified the “significant” impact of banning the platform, asserting that such measures were necessary to protect U.S. interests.
In its appeal to the Supreme Court, TikTok argued that the legislation itself poses a greater threat to Americans than the alleged security risks it seeks to address.
“Fear-mongering about national security cannot obscure the threat that the Act itself poses to all Americans,” TikTok stated in its filing.
The Supreme Court has set an expedited briefing schedule, with opening briefs due by December 27. This timeline allows the justices to issue a ruling before the January 19 ban deadline.
President-elect Donald Trump, who campaigned on “saving TikTok,” has expressed support for the platform but provided limited details about his plans to protect it. When asked on Monday whether he would intervene to prevent the ban, Trump responded that he would “take a look.”
“I have a warm spot in my heart for TikTok,” Trump stated during a press conference at Mar-a-Lago, referencing his strong support among young voters. “I won youth by 34 points, and there are those that say that TikTok had something to do with it.”
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