A US ban on the video-sharing app TikTok is set to take effect in early 2025 – but the country's Supreme Court and President-elect Donald Trump could still change that
A US law banning the popular video-sharing app TikTok is set to take effect at the start of 2025 – but the US Supreme Court hasto hear TikTok’s legal challenge to this. Meanwhile, President-elect Donald Trump has hinted he might take action against the law, raising new questions about whether it will stand.
“I would like to see the court really grapple with how this law harms those rights, and how the government should account for the rights of social media users when it is attempting to regulate these speech platforms,” says Ruane. “The courts have not done that in the course of examining this particular law, even though there are users who are suing, claiming that the law violates their First Amendment rights, as distinct from TikTok.
If the Supreme Court finds that the ban infringes First Amendment rights, and that the US government has less restrictive options at its disposal, it could issue an injunction that effectively makes it impossible for the government to justify such an outright ban, says Ruane. The Supreme Court may also require the lower DC Circuit Court of Appeals to reexamine its analysis of the case. Such decisions could force the government to find more narrowly tailored options for regulating TikTok.
Even if Trump’s attorney general announced that the US government wouldn’t enforce the ban, US companies such as Google and Apple might still be reluctant to allow people to access the app through their platforms. “If I am in charge of legal risk at one of these companies, I don’t know whether I would say ‘we’re going to trust that , it’s fine for us to allow access to this app that has been banned,’” says Ruane.
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