Outgoing American president Joe Biden’s administration has cited national security concerns, pointing to alleged links between TikTok’s parent company ByteDance and the Chinese government – claims the company has consistently denied.
The justices declined TikTok’s request for an emergency injunction but agreed to hear its case on 10 January, just nine days before the ban is set to take effect.
Earlier this month, a federal appeals court upheld the legislation, describing it as “the culmination of extensive, bipartisan action by Congress and successive presidents”.
TikTok, which has argued the ban infringes on users’ free speech, welcomed the Supreme Court’s decision to hear its appeal.
A TikTok spokesperson said: “We believe the Court will find the TikTok ban unconstitutional so the over 170 million Americans on our platform can continue to exercise their free speech rights.”
The case pits national security concerns against First Amendment protections.
Carl Tobias, a law professor at the University of Richmond, added: “The appeals court found that national security was stronger than the First Amendment contentions. However, the Justices will scrutinise the potentially conflicting, but significant, values.”
Cornell University’s Sarah Kreps noted the political weight behind the legislation, saying: “The case has already gone through the executive branch, the legislative branch, and the lower court, all of which upheld the argument that TikTok’s ownership by China-based ByteDance poses a national security risk.”
Meanwhile, the legal battle is further complicated by shifting political dynamics. Former President Donald Trump, who recently won a second term, met TikTok CEO Shou Zi Chew earlier this week.
Trump expressed opposition to the ban, citing his popularity among young voters.
He said: “I have a warm spot in my heart for TikTok, because I won youth by 34 points.”
Despite Trump’s support, opposition remains strong.
Senate Republican leader Mitch McConnell dismissed TikTok’s arguments as “meritless and unsound” in a filing to the Court.
