TikTok’s Supreme Court Appeal Scheduled as Ban Looms Near
TikTok, facing the threat of a ban, has scored a last-chance opportunity to deploy a desperation move to stay afloat. The Supreme Court has consented to review arguments from TikTok and its parent company ByteDance, arguing against a potential ban within U.S. territories. The hearing is scheduled for January 10, mere 9 days before the curtains may close on the beloved short-form video app.
TikTok petitioned the court for a temporary restraint on enforcing a law mandating a sale of the app to a U.S. firm to avert a ban, scheduled for January 19. The court hasn't yet issued that hold, but they've granted TikTok the chance to put forth its case before the ban becomes effective. According to court observers from The New York Times, it's expected that the Supreme Court will arrive at a verdict prior to the crunch time for TikTok.
The hearing represents TikTok's last stand against the guillotine. The Protecting Americans from Foreign Adversary Controlled Applications Act, passed earlier this year, allowed ByteDance nine months to negotiate a deal to transfer ownership of TikTok due to concerns over its connections to the Chinese government. A sale hasn't materialized, and ByteDance appears to have made little effort in seeking buyers. Consequently, they've focused solely on legal challenges.
So far, those legal challenges haven't yielded results. TikTok pursued a challenge in the U.S. Court of Appeals for the District of Columbia Circuit, arguing that a ban would infringe on the First Amendment by curtailing Americans' right to self-expression on the platform. A panel of three judges dismissed the claim, stating that the First Amendment ensures freedom of speech in the U.S., and the ban serves to safeguard that freedom from foreign adversaries and limit their data collection efforts within U.S. borders.
Now, TikTok has turned to the Supreme Court, hoping to find judges sympathetic to delaying the ban. At this juncture, a mere statement of requirement for further time to review arguments from the Supreme Court could constitute a victory for TikTok, potentially passing the buck to Trump. Time is not on TikTok's side, but it doesn't need much more to potentially steer itself clear of the ban.
TikTok CEO Shou Zi Chew recently visited Mar-a-Lago to discuss the ban with Trump. According to sources, Trump appears receptive to the idea of a delay, as he believes TikTok played a role in his election victory.
Even if Trump was the one who set the ball rolling on the ban a few years ago due to concerns over TikTok's impact on his campaign, it doesn't matter now. It seems Trump has changed his opinion, as TikTok and Trump appear to be on the same page. All TikTok needs now is a little extra time for Trump to reassume his former position and issue a reprieve from the ban.
The tech giant, TikTok, is leveraging advanced legal strategies to delay the implementation of the ban, hoping to shape the future of technology within U.S. territories. Despite facing intense pressure, TikTok remains optimistic about the potential impact of technology in shaping the future.
