The Supreme Court will review whether a bill requiring TikTok's sale violates the First Amendment, setting the stage for a crucial legal battle over national security and free speech.
The United States Supreme Court (SCOTUS) has agreed to hear arguments regarding whether a bill mandating a TikTok sale violates the First Amendment . The Supreme Court has allocated two hours for oral arguments on January 10, 2025, during which TikTok and the Department of Justice can present their cases.
The bill's supporters, proponents of the Protecting Americans from Foreign Adversary Controlled Applications Act, argue that companies in adversarial nations like China should not own apps like TikTok if they operate within the United States. TikTok reportedly has up to 150 million active users in the United States alone. TikTok and its parent company, ByteDance, previously challenged an emergency injunction filed against them in the D.C. Circuit Court of Appeals. Experts suggest that SCOTUS agreeing to hear the case is a victory for TikTok, especially since President-elect Donald Trump has been inconsistent about intervening to preserve TikTok's presence in the United States. Trump publicly opposes the ban and met with TikTok CEO Shou Zi Chew at Mar-a-Lago in Florida earlier this week. Trump's inauguration is scheduled for January 20, 2025, the day after the TikTok sale-or-ban bill is set to take effect. TikTok has consistently maintained that its social media platform is a significant free speech platform in the United States and that the First Amendment protects it. Courts, including appellate courts, have determined that the law does not violate the constitution and its potential ban falls under national security concerns, aligning with the DoJ's stance that the federal government has the legal authority to create and enforce such a law. The bill was overwhelmingly passed with bipartisan support in the 118th Congress by a vote of 352 yeas to 65 nays
First Amendment Tiktok Supreme Court National Security Free Speech
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