


The Supreme Court has agreed to consider TikTok’s case against a law that would ban the app in the U.S. unless the platform’s Chinese parent company agrees to sell it.
TikTok asked the Supreme Court to step in after a federal appeals court upheld the law earlier this month.
The Court agreed to hear oral arguments on January 10, nine days before the Protecting Americans from Foreign Adversary Controlled Applications Act is set to take effect. In the meantime, the Court did not provisionally block the law.
Earlier this month, a panel of three judges from the U.S. Court of Appeals for the District of Columbia Circuit unanimously declined to review a petition for relief from TikTok.
“We conclude the portions of the Act the petitioners have standing to challenge, that is the provisions concerning TikTok and its related entities, survive constitutional scrutiny,” judge Douglas Ginsburg wrote in the majority opinion. “We therefore deny the petitions.”
“The First Amendment exists to protect free speech in the United States,” Ginsburg said. “Here the Government acted solely to protect that freedom from a foreign adversary nation and to limit that adversary’s ability to gather data on people in the United States.”
U.S. officials, including leaders at the Justice Department, have said TikTok poses a national security threat of “immense depth and scale” due to its relationship with the Chinese Communist Party.
The company had unsuccessfully argued that the ban infringes on its First Amendment rights and that the law requiring divestment from ByteDance is “not possible technologically, commercially, or legally,” particularly by the January 19 deadline.