Supreme Court to Hear TikTok's Bid to Block U.S. Law

By Andrew Chung, David Shepardson

WASHINGTON (Reuters) – The U.S. Supreme Court has decided to hear a request from TikTok and its parent company, ByteDance, to block a law mandating the sale of the short-video app by January 19 or face a ban, citing national security concerns.

The justices did not act on the emergency request for an injunction to halt the impending ban but will hear arguments on January 10. The challengers are appealing a lower court's ruling that upheld the law, which Congress passed in April and President Joe Biden signed into law. TikTok is utilized by around 170 million Americans.

The Justice Department claims that as a Chinese firm, TikTok presents a significant national-security risk due to its access to extensive data on U.S. users, including locations and private messages, alongside a potential to covertly manipulate content viewed by users. TikTok asserts that it does not pose any immediate threat to U.S. security.

TikTok and ByteDance requested the Supreme Court to pause the law, arguing it infringes on the First Amendment's free speech protections. TikTok expressed satisfaction that the court will address the issue, asserting the belief that the court will deem the TikTok ban unconstitutional, thus allowing the over 170 million users to maintain their free speech rights.

The companies contended that a one-month shutdown could lead to a loss of about a third of their U.S. users and damage their business operations, including advertising and talent recruitment. On December 6, the D.C. Circuit Court dismissed the First Amendment arguments from TikTok and ByteDance.

In their filing, they stated that if Americans, aware of the allegedly covert content manipulation risks, choose to continue using TikTok, it should be their decision free from government censorship.

Senate Republican leader Mitch McConnell urged the Supreme Court to deny any delay, likening TikTok to a hardened criminal. A ban would significantly devalue TikTok for ByteDance and its investors, harming businesses reliant on the platform for sales.

Former President Donald Trump, who previously sought to ban TikTok during his presidency, pledged to preserve the app during his current presidential campaign. He expressed an affinity for TikTok and stated he would address the issue after taking office on January 20, following the law's deadline.

The D.C. Circuit explained that the First Amendment is designed to protect U.S. free speech, and in this case, the government's actions aimed to secure that freedom against a foreign adversary.

TikTok has denied any intention to share U.S. user data and accused lawmakers of fostering unfounded fears. The company argues that the ban contradicts the U.S. tradition of supporting an open Internet.

The dispute arises amid escalating trade tensions between the U.S. and China, following U.S. restrictions on the Chinese chip industry and China's export ban on certain metals used in microchips.

The law would restrict services to TikTok and similar foreign-controlled apps, effectively precluding its operation in the U.S. unless ByteDance divests TikTok by the deadline.

An unrestricted ban could pave the way for future actions against other foreign-owned applications. In 2020, Trump also attempted to ban WeChat, owned by Tencent, but faced legal obstacles.