Supreme Court Might Decide on TikTok Ban This Friday
While the high court hasn’t specified which opinions are forthcoming, there’s urgency as TikTok faces a Sunday ultimatum to sever connections with China.
WASHINGTON − The Supreme Court is expected to reveal its decision regarding TikTok on Friday morning, just two days ahead of a potential ban on the app in the United States unless the court intervenes.
Although the justices will not be meeting in person, the court announced Thursday that it might issue a ruling online at 10 a.m. Friday.
The justices typically do not disclose in advance which cases they are addressing. However, they are facing a deadline set by Congress last year, which mandated that TikTok must sever ties with its Chinese parent company, ByteDance.
If TikTok does not divest from ByteDance, app stores and internet service providers could face penalties for continuing to support the platform.
The Supreme Court may choose to delay the enforcement of the law, opt not to get involved at this time, or issue a final ruling on the law’s constitutionality.
During a discussion on the matter that lasted around two-and-a-half hours last week, it seemed likely the justices might uphold the law.
“Should we ignore that the ultimate parent company is required to assist in intelligence efforts for the Chinese government?” Chief Justice John Roberts questioned TikTok’s attorney.
If the court endorses the law, attention will shift to President-elect Donald Trump.
Trump, who attempted to ban TikTok during his prior administration, recently vowed to “save” the widely-used app, though his method remains unclear.
The president-elect has requested that the Supreme Court delay the ban to allow him time to “negotiate a solution.”
Should the court maintain the deadline, Trump might instruct his attorney general to refrain from enforcing the law after he assumes office on Monday. However, it’s uncertain if companies like Apple and Google will view that as sufficient protection against the law’s severe penalties.
The Justice Department has advised that Trump should review all the latest national security information before making any decisions after returning to office.
The government has cautioned that without divesting from ByteDance, the Chinese government could access data on American users or influence the content on TikTok to sway U.S. opinions.
“The control of TikTok by the Chinese government represents a significant national security risk,” Solicitor General Elizabeth Prelogar asserted in court last week.
TikTok contested the notion that the Chinese government could manipulate the app, labeling the sell-or-be-banned stipulation as a “huge, unprecedented infringement” on free speech.
“It would be unacceptable for one of America’s leading platforms for expression to shut down in just nine days,” remarked Noel Francisco, TikTok’s attorney and former solicitor general under Trump, during the January 10 hearings. “Such a scenario should not occur.”