TikTok’s appeal against a rule that would require its Chinese owner to sell the enormously popular online video-sharing platform or shut it down will be heard by the US Supreme Court on Friday.
Nine days before TikTok faces a ban unless ByteDance divests from the well-known app, the highest court is hearing oral arguments in the matter.
The rule, which was signed by President Joe Biden in April, would prevent TikTok from using US web hosting services and app stores unless ByteDance sells its share by January 19.
According to the US government, TikTok serves as a platform for propaganda and gives Beijing permission to gather information and spy on users. ByteDance and China vehemently refute the allegations.
TikTok is arguing that the law the Protecting Americans from Foreign Adversary Controlled Applications Act violates its First Amendment rights.
“We believe the Court will find the TikTok ban unconstitutional so the over 170 million Americans on our platform can continue to exercise their free speech rights,” a TikTok spokesman said.
In a filing with the Supreme Court, TikTok said “Congress has enacted a massive and unprecedented speech restriction” that would “shutter one of America’s most popular speech platforms.”
“This, in turn, will silence the speech of Applicants and the many Americans who use the platform to communicate about politics, commerce, arts, and other matters of public concern,” it added.
As Donald Trump gets ready to take the oath of office on January 20, the possible ban may cause tensions between the US and China.
In a reversal from his first term, when the Republican leader attempted to prohibit the app on the grounds of national security, Trump, who has 14.7 million TikTok followers, has become an unusual ally of the site.
Last month, John Sauer, Trump’s attorney, submitted a brief to the Supreme Court requesting that the statute be put on hold.
Sauer clarified in the “friend of the court” or amicus curiae brief that the president-elect does not express an opinion on the legality of the current issue.
“Instead, he respectfully requests that the court consider staying the act’s deadline for divestment of January 19, 2025… thus permitting President Trump’s incoming Administration the opportunity to pursue a political resolution of the questions at issue in the case,” Sauer said.
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