The Supreme Court to Hear TikTok’s Emergency Appeal Against Federal Law
The Supreme Court announced Wednesday (December 18) that it will hear TikTok’s emergency appeal challenging a federal law that could effectively ban the popular social media app in the US by January 19, 2025.
The Court has scheduled oral arguments for January 10, just over a week before the law is set to take effect, raising concerns among TikTok’s American user base.
This critical case revolves around the Protecting Americans from Foreign Adversary Controlled Applications Act, a bipartisan law signed into law by US President Joe Biden earlier this year. The legislation mandates TikTok’s Chinese parent company ByteDance to divest the platform to an American owner or face a nationwide ban, stirring debates about data security and free speech.
On Monday (December 16), TikTok’s legal representatives submitted an emergency motion to the US Supreme Court for a temporary halt to the law’s enforcement. The legal team argued that the law imposes an unprecedented restriction on free speech, invoking the First Amendment.
Remarkably, the Supreme Court agreed to hear the case just two days after TikTok filed its appeal. The Court has consolidated TikTok’s case with a related challenge from app users and allocated two hours for oral arguments. The pivotal question before the Court is whether the law infringes on First Amendment rights.
In its order, the Court expedited the proceedings, requiring both parties to submit opening briefs limited to 13,000 words by December 27, with reply briefs due by January 3. Any additional parties wishing to submit amicus curiae briefs must do so by December 27.
The timing is critical as the law is set to take effect on January 19, just a day before President-elect Donald Trump takes office. This scenario provides the Court with a narrow window to determine whether to block the law’s implementation. Earlier this week, Trump expressed his fondness for TikTok, stating during a press conference that the app positively influenced his share of the youth vote in the recent election.
TikTok, boasting over 150 million American users, contends that the law encroaches on free speech rights and disproportionately targets the company due to its Chinese ownership. TikTok has consistently asserted that it does not share user data with the Chinese government.
In its appeal to the Supreme Court, TikTok emphasized that “a modest delay in enforcing the Act will create breathing room for [the Supreme Court] to conduct an orderly review and allow the new Administration to evaluate this matter — before this vital channel for Americans to communicate with their fellow citizens and the world is closed.”
