The United States Supreme Court will hear oral arguments on January 10, 2025, in a landmark case challenging the federal government’s TikTok ban, scheduled to take effect on January 19. This hearing consolidates three separate legal challenges to the ban, including one filed by the Liberty Justice Center on behalf of the nonprofit BASED Politics.
The Court’s decision could have far-reaching implications for First Amendment rights, national security, and the digital platforms used by over 170 million Americans.
In April 2024, President Joe Biden signed the Foreign Adversary Controlled Applications Act, aimed at applications like TikTok that are considered national security risks due to ties to foreign adversaries. The Act effectively bans TikTok’s operation in the United States unless its Chinese parent company, ByteDance, transfers ownership to a non-Chinese entity by January 19, 2025. ByteDance has stated that meeting this deadline is unfeasible.
The ban would prohibit app stores from distributing TikTok to U.S. users and hosting the app on U.S.-based servers. Opponents argue that the ban constitutes an unprecedented form of censorship and violates the First Amendment by restricting constitutionally protected speech.
The Supreme Court will review three consolidated lawsuits:
- Liberty Justice Center’s Challenge: Filed on behalf of BASED Politics, this lawsuit claims the ban infringes on the First Amendment by prohibiting lawful speech on the platform.
- TikTok Creators’ Lawsuit: A group of content creators argues the ban restricts their ability to communicate and earn a living through the app.
- TikTok and ByteDance Appeal: TikTok and its parent company argue that the Act unlawfully targets the platform without sufficient evidence of a national security threat.
In December, the U.S. Court of Appeals for the District of Columbia upheld the constitutionality of the ban, rejecting these challenges. In response, the challengers filed emergency petitions asking the Supreme Court to intervene. The Court granted these petitions on December 18 and scheduled oral arguments for January 10.
With the ban set to take effect nine days after the hearing, the Supreme Court’s decision is expected to have an immediate impact. A ruling against the ban could establish a precedent for protecting digital platforms from government interference, while upholding the ban would signify a major shift in how the U.S. balances national security concerns with free speech rights.
The case may also influence President-elect Donald Trump’s approach to addressing the TikTok issue upon taking office on January 20.
