On Wednesday, the Supreme Court announced that it will consider arguments next month about the validity of a federal law that would prohibit TikTokin from operating in the US if its Chinese parent firm refused to supply it.
Arguments regarding whether the law unconstitutionally restricts speech in violation of the First Amendment will be presented to the court on January 10.
The rule, which was passed in April, said that TikTok had to be sold by January 19 or risk being banned in the US. In the United States, the well-known social media site boasts over 170 million subscribers.
The speed at which a decision could be made is uncertain. However, if at least five of the nine justices believe the bill is unconstitutional, the high court might still take action following the arguments to prevent it from going into effect until a final decision is made.
The company’s and China-based ByteDance’s attorneys had pleaded with the judges to intervene before January 19. Some TikTok users and content producers who depend on the platform for revenue will also present their cases to the high court.
Due to the timing of the arguments, the Justice Department of the departing Biden administration will argue in favor of the statute that was signed into law by Democratic President Joe Biden in April and passed Congress with bipartisan support.
It’s possible that the incoming Republican administration will view the law differently.
Donald Trump, the president-elect, has stated that his government will investigate the matter. Trump had advocated for a ban but then promised to save TikTok during the campaign. On Monday, Trump met with Shou Zi Chew, the CEO of TikTok, at his Mar-a-Lago club in Florida.
According to the firms, a one-month suspension would cost TikTok a third of its daily U.S. customers as well as a sizable portion of its advertising revenue.
The case raises new concerns regarding social media platforms and sets free speech rights against the government’s declared goals of preserving national security.
On December 6, the U.S. Court of Appeals for the District of Columbia Circuit’s panel of federal judges unanimously upheld the statute and rejected an emergency appeal to postpone its implementation.
In the absence of court intervention, the regulation would go into force on January 19 and subject internet hosting companies who support TikTok as well as app stores that sell it to possible fines.
The Justice Department would be in charge of upholding the law, looking into potential infractions, and pursuing penalties. But lawyers for TikTok and ByteDance have argued that Trump s Justice Department might pause enforcement or otherwise seek to mitigate the law s most severe consequences. The measure is set to take effect the day after Trump takes office.
— The Associated Press’s Mark Sherman
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