Supreme Court arguments about a potential TikTok ban are underway.
The case is about more than a social media app. It’s about the scope of free speech protections and the legitimacy of TikTok-related national security concerns.
The policy in front of the court creates the possibility of TikTok being banned in the United States on Jan. 19. The justices will decide whether to delay the ban, overturn the policy or let the ban take effect.
TikTok’s supporters, including content creators who make a living on the app, say the pending ban violates the Constitution’s free speech protections.
Its opponents — most notably, the Biden administration — say the policy protects the country from dangerous Chinese interference.
It’s not clear how the Supreme Court will rule in TikTok v. Garland. But it is clear that the case will reshape speech laws nationwide.
What’s in the TikTok ban?
The legislation at the center of the Supreme Court’s TikTok case was tucked into a broad national security bill signed by President Joe Biden in April.
The section of the law dealing with TikTok said that the popular short-form video app would be banned from app stores in the U.S. in nine months if its Chinese owners, ByteDance, didn’t divest before then.
If the ban were to take effect, TikTok users would maintain access to whatever version of the app they’d previously downloaded, but they wouldn’t be able to download software updates. App stores like Google Play would face legal penalties if they continued to offer new TikTok downloads.
The legislation gave Biden the authority to grant one 90-day extension, but only if ByteDance had taken significant steps toward a sale before mid-January.
Key dates in the TikTok lawsuit
Friday’s Supreme Court oral arguments in the TikTok case come after months of legal wrangling over the legislation.
April 24, 2024: Biden signs proposed TikTok ban into law.
May 7, 2024: TikTok and its parent company, ByteDance, file a federal lawsuit challenging the new law. The lawsuit argues that the TikTok ban violates the First Amendment rights of TikTok users.
May 14, 2024: TikTok content creators file separate lawsuits over the proposed TikTok ban, arguing that the law tramples their free speech rights.
Sept. 16, 2024: The U.S. Court of Appeals for the District of Columbia hears oral arguments in the cases, considering whether to grant TikTok’s request for a preliminary injunction that would prevent the ban from taking effect in January.
Dec. 6, 2024: A panel of three D.C. Circuit judges unanimously rules against TikTok, ByteDance and the content creators, upholding the proposed TikTok ban and clearing the way for it to take effect on Jan. 19, 2025, if the company is not sold by then.
Dec. 9, 2024: TikTok and ByteDance ask the D.C. Circuit to put its Dec. 6 ruling on hold to give the Supreme Court time to weigh in on the case.
Dec. 13, 2024: D.C. Circuit declines to put its ruling on hold.
Dec. 16, 2024: TikTok, ByteDance and TikTok content creators appeal to the Supreme Court, asking the justices to put the proposed TikTok ban on hold and to take up the related cases.
Dec. 18, 2024: The Supreme Court agrees to weigh in on the legal battle and schedules oral arguments for Jan. 10, 2025. The justices consolidate the related lawsuits from TikTok, ByteDance and content creators.
Supreme Court’s TikTok case
The Supreme Court case is centered on a straightforward question: Does the proposed TikTok ban violate the free speech protections offered by the First Amendment?
The court has already received dozens of briefs offering a range of answers.
Those who support TikTok have highlighted past Supreme Court rulings in favor of free expression, arguing that the TikTok ban should be just as problematic in the eyes of the justices as former President Richard Nixon’s effort to prevent newspapers from releasing the Pentagon Papers or the federal government’s effort to limit access to foreign mail during the Cold War.
Supporters of the ban, on the other hand, compare the case to a 2010 battle over Americans’ relationships with foreign terrorist groups. The Supreme Court ruled that the government could bar Americans from contacting the groups if it felt such contact created imminent national security concerns.
“The court ruled for the government (in that 2010 case) by a 6-to-3 vote, accepting its expertise even after ruling that the law was subject to strict scrutiny, the most demanding form of judicial review,” per The New York Times.
On Friday, the justices will have the opportunity to raise what they feel are the key points from the briefs and debate whether the government’s national security concerns about China justify the potential TikTok ban.
Oral arguments will take at least two hours, and attorneys for TikTok and ByteDance, for the content creators and for the federal government will all have a chance to speak.
It’s possible that the court will issue a ruling in the case before the Jan. 19 deadline. But the justices have also left open the possibility that they will instead issue a preliminary injunction after oral arguments to put the TikTok law on hold until their ruling is finalized.
Trump’s role in the TikTok case
While no attorney will speak directly for President-elect Donald Trump during Friday’s hearing, Trump will still loom large in the proceedings.
That’s because he returns to office one day after the TikTok ban is set to take effect, meaning it could be up to his administration to enforce the law or find a new way to address national security concerns.
Trump filed a brief in the Supreme Court case, but he did not throw his support behind either side. Instead, his lawyers essentially asked the justices to delay the ban, arguing that Trump will be well-positioned to resolve the dispute once he returns to the White House.
“President Trump opposes banning TikTok in the United States at this juncture, and seeks the ability to resolve the issues at hand through political means once he takes office,” the brief said.
The document raised more than a few eyebrows with its claims about Trump’s social media prowess. It’s unusual for a Supreme Court brief to include so much praise and so many jabs at political opponents.
“President Trump is one of the most powerful, prolific, and influential users of social media in history. Consistent with his commanding presence in this area, President Trump currently has 14.7 million followers on TikTok with whom he actively communicates, allowing him to evaluate TikTok’s importance as a unique medium for freedom of expression, including core political speech. Indeed, President Trump and his rival both used TikTok to connect with voters during the recent Presidential election campaign, with President Trump doing so much more effectively,” the brief claimed.
The TikTok case’s complicated politics
Calling for the Supreme Court to delay the TikTok ban puts Trump at odds with many conservative lawmakers, who have filed briefs or made public statements supporting the government’s position.
“Republican attorneys general from 22 states filed a brief with the court disagreeing with TikTok’s arguments and asking the justices to uphold the statute,” Reuters reported.
In general, the TikTok case involves unusual battle lines, with the Biden administration on the same side as many of its consistent critics and opposite side as civil rights organizations like the ACLU.
Supreme Court experts are unsure of where the Supreme Court will come down in the case, but note that Friday’s hearing will offer some clues. Justices often hint at their position on a legal issue when asking questions during oral arguments.
How to watch Supreme Court arguments
Oral arguments in the Supreme Court’s TikTok case will begin at 8 a.m. MST.
An audio feed from the courtroom will be available on C-SPAN.