In Depth: TikTok Turns to U.S. Supreme Court, Trump in Last Ditch Effort

TikTok Inc. is encountering legal challenges against a law that aims to ban the app in the U.S. unless it is sold by its Chinese parent company, ByteDance Ltd., by January 19 [para. 1]. The U.S. Supreme Court has decided to hear TikTok's challenge regarding the Protecting Americans from Foreign Adversary Controlled Applications Act, which TikTok argues violates First Amendment rights [para. 2]. TikTok initially sought an injunction to delay the law's effect, but this was denied by the U.S. Court of Appeals, which found no precedent for such a stay after rejecting a constitutional challenge to an Act of Congress [para. 3][para. 4]. Concerns around national security were cited by the court in reiterating the constitutionality of the law [para. 5][para. 6].

The law provides TikTok with 270 days to sever ties with ByteDance or lose access to U.S. services, though a potential 90-day extension can be granted if a sale is imminent [para. 6]. TikTok is also exploring a possible lifeline from President-elect Donald Trump, who had previously attempted to ban the app but then promised to "save" it during his campaign [para. 7].

TikTok has faced intensified scrutiny over allegations that its data could be misused by the Chinese government, which the company has denied, highlighting its efforts to improve content moderation [para. 9]. The appeals court underlined that national security concerns justified the government's actions under the law [para. 10][para. 11]. Legal experts noted that while TikTok's appeal involved First Amendment rights previously, the current appeal focuses on Congress's legislative power rather than presidential actions [para. 13][para. 14]. The chances of success at the Supreme Court seem narrow, with the court likely to uphold the law for national security reasons [para. 16][para. 17].

The Supreme Court's decision will be critical, as a temporary injunction is unlikely even if TikTok appeals [para. 18]. Opposition to TikTok’s emergency injunction was expressed by Senator Mitch McConnell's attorney, emphasizing the public interest [para. 19]. The court's conservative majority may not necessarily predict outcomes in freedom of speech cases, as national security is usually deferred to Congress [para. 22][para. 23].

While Trump has expressed support for TikTok, changing the law would require cooperation from Republicans in Congress, where the law had previously garnered bipartisan support [para. 26]. Several of Trump's cabinet nominees support a TikTok ban, demonstrating the complexity of overturning such a law [para. 27][para. 31].

TikTok continues to expand in the U.S. market, launching TikTok Shop to enhance its e-commerce capabilities, a strategic move reflecting its financial stakes in the country [para. 33]. The app reported 7 million U.S. business accounts, but its e-commerce performance has not met expectations [para. 34][para. 36]. ByteDance is also seeking alternatives like leveraging its Lemon8 app for U.S. users, signaling possible shifts if the ban proceeds [para. 40][para. 42].

As TikTok navigates these legal and political landscapes, it remains to be seen how its fate will unfold amidst concerns of national security and free speech [para. 43].