The Supreme Court announced Wednesday that it will hear arguments regarding a law that could ban TikTok.
The high court, granting certiorari in the case TikTok v. Garland Wednesday, will soon decide on the constitutionality of the bipartisan Protecting Americans from Foreign Adversary Controlled Applications Act, or PAFACA, which President Joe Biden signed into law in April.
PAFACA, intended “to protect the national security of the United States from the threat posed by foreign adversary controlled applications,” would require the Chinese parent company of TikTok, ByteDance, to sell the application to an American-owned company by January 19 or else be effectively banned in the U.S.
ByteDance alleges that the law is a violation of the First Amendment, denying its users a popular forum for expressive activity. Thirty-three percent of American adults use the app, per a January report from the Pew Research Center.
Civil liberties groups such as the American Civil Liberties Union have come out against the law, on the grounds that “it would violate the First Amendment rights of Americans … who rely on TikTok for information, communication, advocacy, and entertainment” and “would grant the President broad new powers to ban other social media platforms based on their country of origin.”
A federal appeals court upheld the ban earlier this month. Now, SCOTUS says it will hear arguments in the case on January 10: nine days before the app is set to be sold or banned per PAFACA, and 10 days before President Trump—who has has vaguely promised to “save TikTok” while his incoming administration is “deeply divided” on the ban—takes office. The Supreme Court did not block the law upon agreeing to hear the case, suggesting it could issue a ruling before the January 19 deadline, which could possibly help Trump take credit if the law is in fact overturned.
Either way, the decision is guaranteed to have significant implications for social media regulation and how freedom of expression is balanced with national security concerns.
