Topline
TikTok's Fate Hangs in the Balance as Supreme Court Ponders Ban Decision on Wednesday
The Supreme Court could be making a decision on TikTok's future as early as Wednesday, following indications during oral arguments that justices may uphold a federal law banning TikTok unless it separates from ByteDance. The justices expressed doubt about TikTok's opposition to this policy, displaying skepticism towards TikTok's First Amendment rights claims.
Key Facts
The Supreme Court reviewed the constitutionality of the federal law on Friday, which necessitates TikTok to separate from ByteDance or face a ban. The court is scheduled to release opinions in ongoing cases on Wednesday, which may include a ruling on TikTok's ban.
TikTok and its content creators argue the ban infringes upon their First Amendment rights by eliminating all speech on the platform, while the federal government asserts the ban is crucial for national security, given ByteDance's Chinese ownership.
Justices on both sides were skeptical about TikTok's arguments, questioning the connection between TikTok's First Amendment rights and the law's targeting of ByteDance, a foreign-owned company.
What to Watch For
While it's uncertain if the TikTok ban will be issued on Wednesday, the court indicated a swift decision was likely, as they usually rule before the ban takes effect on January 19. The Supreme Court has not halted the law's implementation, instead scheduling swift oral arguments ahead of the deadline, suggesting a swift resolution is imminent. However, the court could still delay the ban until after January 19 if they require more deliberation.
Crucial Quote
If the ban takes effect, "At least as I understand it, we go dark—essentially the platform shuts down," TikTok's lawyer Noel Francisco told the court.
Contra
Justices did express skepticism towards the federal government's arguments, as well. Justice Neil Gorsuch suggested the government could require TikTok to display a warning about potential content manipulation, while others questioned the uniqueness of ByteDance's situation compared to other foreign-owned companies.
Is Trump in Favor of the TikTok Ban?
While Trump is not directly involved in TikTok's legal dispute due to not yet taking office, he submitted a brief asking the court to pause the ban until after he takes office. The court is not obligated to adhere to Trump's request.
Can Trump Stop the TikTok Ban?
As president, Trump has limited options to save TikTok from the ban if it's enacted: He can issue a 90-day pause if there's evidence of TikTok separating from ByteDance, but ByteDance has so far refused. Trump could also attempt to negotiate an agreement with ByteDance to sell the app or declare TikTok compliant, but challenges may arise in court.
What Happens If the TikTok Ban Takes Effect?
If enacted, the ban would prevent Apple, Google, and internet service providers from hosting TikTok, causing the app to become outdated and eventually unusable. It's unclear how other aspects of TikTok's U.S. operations will be impacted.
Will Bytedance Sell Tiktok?
ByteDance has opposed suggestions to separate, but if the Supreme Court upholds the ban and it takes effect, it could be the catalyst for ByteDance to divest from TikTok. Time will tell if ByteDance will indeed sell TikTok or work towards compliance.
Key Background
Concerns about TikTok's Chinese ownership and data collection practices led Congress to pass the law in April. The law requires ByteDance to separate from TikTok by January 19, 2025, or face a ban. TikTok has challenged the law in court, but a federal appeals court upheld it in December.
Further Reading
The U.S. Supreme Court has upheld a law requiring TikTok's parent company to divest its interest or face a nationwide ban in the United States. If ByteDance fails to comply, users may experience a gradual degradation of the service as updates cease, and TikTok may become outdated and obsolete for new users. Users who have downloaded the app may eventually receive a notice indicating the service is unavailable in the U.S. Concerns regarding TikTok's data collection practices and its relationship with a foreign adversary, China, led to the ban. However, this ban has also raised concerns over free speech and its impact on marginalized communities.
- The Supreme Court is expected to decide when will supreme court decide tiktok ban on Wednesday, following oral arguments that suggested justices may uphold a federal law banning TikTok unless it separates from ByteDance.
- If the supreme court ban on tiktok is enacted, 'At least as I understand it, we go dark—essentially the platform shuts down,' TikTok's lawyer Noel Francisco told the court.
- The federal government argues that will supreme court ban tiktok is crucial for national security, given ByteDance's Chinese ownership, while TikTok and its content creators claim the ban infringes upon their First Amendment rights.
- If TikTok is banned, what happens if tiktok is banned includes the app becoming outdated and eventually unusable, as Apple, Google, and internet service providers would be prevented from hosting it.
