The U.S. Supreme Court will hear oral arguments on January 10, 2025, in a landmark case determining the constitutionality of a law that could force TikTok to be sold by its Chinese parent company or face a nationwide ban.
The Court has allotted two hours for arguments, consolidating cases brought by TikTok and other petitioners against U.S. Attorney General Merrick Garland. The central question is whether the Protecting Americans from Foreign Adversary Controlled Applications Act violates the First Amendment.
The stakes are high for TikTok, with a January 19 ban looming. The law mandates that app stores, cloud providers, and other platforms cease hosting TikTok or face penalties, including $5,000 fines per user.
Tech giants like Apple and Oracle, which host TikTok on their platforms, face tough decisions. The law’s penalties could deter hosting, leaving users scrambling for workarounds. Industry leaders argue that congressional action is the clearest path to resolution.
If the ban takes effect, the app’s impact may be felt gradually. Users without the app installed would lose access as downloads from app stores cease. Existing users would see functionality decline without updates, though some might bypass restrictions using virtual private networks.
The Biden administration originally pushed for measures against TikTok over concerns that its parent company, ByteDance, could share U.S. user data with the Chinese government. A federal appeals court recently ruled that the law does not violate the First Amendment, citing national security interests.
However, the TikTok case has become a political flashpoint, with President-elect Donald Trump’s position evolving. On Monday, Trump met with TikTok CEO Shou Zi Chew.
President-elect Trump could influence outcomes by urging Congress to repeal the law or directing the attorney general not to enforce it. However, it remains unclear how his administration will proceed.
The Supreme Court’s decision, expected later in 2025, will set a precedent for how the U.S. navigates the intersection of technology, security, and constitutional rights.
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