The U.S. Supreme Court has agreed to hear TikTok's recent legal challenges aimed at preventing a ban or forced sale of the app in the United States. The U.S. government has taken action against TikTok, citing its alleged ties to the Chinese government, while TikTok and its parent company, ByteDance, deny these claims.
The justices of the Supreme Court did not accept TikTok's urgent request for an injunction against the law but allowed TikTok and ByteDance to present their defenses on January 10 — just nine days before the ban is set to take effect.
Earlier in December, a federal appeals court had rejected the attempt to overturn the law, stating that it was the result of "comprehensive, bipartisan actions by Congress and successive presidents."
WHEN AND WHY COULD THE U.S. BAN TIKTOK?
The U.S. Supreme Court, the highest judicial authority, reviews only about 100 cases annually out of more than 7,000 petitions. Its decision to address TikTok's case highlights the significance of the issue.
TikTok has described the potential ban as unconstitutional, arguing that it would infringe on the free speech rights of users in the U.S.
TikTok expressed satisfaction with the Supreme Court's decision. A statement from the company said, "We believe the Court will find the TikTok ban unconstitutional and that more than 170 million Americans using our platform will continue to exercise their freedom of speech rights."
BALANCING FREE SPEECH AND NATIONAL SECURITY
According to Carl Tobias, a law professor at the University of Richmond, the case raises the conflict between free speech and national security.
"The appeals court found national security arguments to be stronger than those based on the First Amendment. However, the Supreme Court will carefully examine these potentially conflicting but important values," he said.
Cornell University professor Sarah Kreps noted that it would be surprising if the court overturned previous rulings and went against the will of Congress and the White House. "The issue has been addressed by the executive, legislative, and lower courts, all of which supported the argument that TikTok's ownership by China-based ByteDance poses a national security risk," she stated.
COULD TRUMP INTERVENE?
TikTok's future depends not only on the legal process but also on the outcome of the U.S. presidential election. If Donald Trump wins, it could offer a lifeline for the platform.
Reports indicate that Trump met with TikTok CEO Shou Zi Chew at his Mar-a-Lago estate in Florida on Monday. According to CBS News sources, Trump expressed opposition to the ban.
However, Trump is set to take office on January 20, one day after the deadline for the potential ban or sale of TikTok.
Top Senate Republican Mitch McConnell has urged the Supreme Court to reject TikTok's appeal. In a petition to the court, McConnell called the company's arguments "baseless and unfounded."
Despite this, some civil society groups continue to support TikTok. These organizations, which jointly filed a petition, argue that millions of people use the platform daily to communicate, learn about the world, and express themselves, and they call for blocking the ban.
