TikTok has secured another chance to fight against the U.S. government’s push for a forced sell-off of its business in the United States. The Supreme Court recently agreed to hear TikTok’s appeal against the bill requiring the app to be sold to an American-based entity, after a previous appeal was rejected. This is seen as TikTok’s final opportunity to avoid a potential ban or significant restructuring in the U.S. market.
The ongoing legal saga began when the U.S. Court of Appeals for the District of Columbia Circuit ruled earlier this month that TikTok’s argument—that the bill violates the First Amendment—was insufficient. The court emphasized concerns related to national security, particularly the fear that foreign adversaries could exploit the app to manipulate U.S. citizens. Legal experts had long predicted that the government’s invocation of national security concerns would override TikTok’s constitutional arguments.
TikTok is now set to challenge the bill itself, arguing that it infringes upon free speech rights. The Supreme Court will focus on whether the Protecting Americans from Foreign Adversary Controlled Applications Act, which targets foreign influence through apps like TikTok, violates the First Amendment. However, this remains a difficult battle for the company, as much of the evidence about foreign interference is classified and not available for public scrutiny.
This legal challenge is not about TikTok’s operations per se but about the legality of the bill itself. If TikTok loses the case, it may be forced to comply with a sell-off deadline by January 19, 2025, or face significant repercussions. TikTok argues that such a sell-off could be tantamount to a ban, as it would be nearly impossible to untangle its global operations in the time frame provided.
Though the bill is not technically a ban, it would lead to the app’s removal if TikTok cannot arrange a sale. There remains the possibility that a deal could be struck with a U.S. company, as was discussed in 2020 with Oracle and Walmart. However, the Chinese government’s stance on such a sale and the potential for an extension from the U.S. government are still major uncertainties.
The Supreme Court’s hearing, scheduled for January 10, 2025, could be TikTok’s final chance to prevent its removal from U.S. app stores. Source