A significant legal development emerged today as the Supreme Court agreed to review the constitutionality of legislation that could effectively ban TikTok in the United States. According to court documents released on December 18, 2024, the Supreme Court consolidated two cases challenging the Protecting Americans from Foreign Adversary Controlled Applications Act.
The Court's order specifies a critical timeline for this high-stakes constitutional battle. Opening briefs, limited to 13,000 words, must be filed electronically by December 27, 2024, at 5 p.m. EST. Reply briefs, with a 6,000-word limit, are due by January 3, 2025. The oral arguments are scheduled for January 10, 2025.
The central question before the Court focuses on whether the Act, as applied to the petitioners, violates First Amendment protections. This review comes at a crucial moment, as the legislation's implementation deadline approaches on January 19, 2025.
According to court documents, the cases under review are TikTok, Inc., et al. v. Garland (24-656) and Firebaugh, Brian, et al. v. Garland (24-657). The consolidation allocates a total of two hours for oral arguments, reflecting the complexity and significance of the constitutional questions at stake.
The legal challenge follows a December 6 ruling by the U.S. Court of Appeals for the District of Columbia Circuit. TikTok spokesperson Michael Hughes emphasized the platform's reach, stating the law "will silence the voices of over 170 million Americans here in the US and around the world on January 19th, 2025."
The Department of Justice successfully defended the law's constitutionality before the DC Circuit Court of Appeals, arguing the government maintained a compelling interest in protecting national security from foreign influence. Congressional support for the bill emerged after classified briefings where intelligence officials presented concerns regarding China's potential capacity to influence content visibility and access sensitive data.
The timeline for potential resolution remains tight. The Supreme Court's scheduling of oral arguments for January 10 leaves just nine days before the law's implementation deadline. The president retains discretion to extend this deadline by 90 days.
ByteDance's attorneys have highlighted significant technical and commercial challenges in any potential TikTok divestiture. They argue that selling the platform without its core algorithm, which Chinese authorities would likely restrict under any divestiture plan, would isolate the U.S. version from global content.
Several investors have expressed interest in acquiring TikTok's U.S. operations. Former Treasury Secretary Steven Mnuchin and billionaire Frank McCourt are forming consortiums to pursue purchase opportunities. A spokesperson for McCourt's Project Liberty initiative reported informal capital commitments exceeding $20 billion.
The political landscape adds another layer of complexity to the situation. TikTok CEO Shou Zi Chew met with President-elect Donald Trump at Mar-a-Lago on December 16. Trump, who previously attempted to ban TikTok during his first term, has indicated opposition to such measures during his recent campaign.
Jameel Jaffer, executive director of the Knight First Amendment Institute, criticized the appeals court decision, stating: "This is a deeply misguided ruling that reads important First Amendment precedents too narrowly and gives the government sweeping power to restrict Americans' access to information, ideas, and media from abroad."
The European Union has raised parallel concerns, launching investigations into potential platform manipulation in Romanian elections. This development occurs as global scrutiny of social media platforms' data handling practices intensifies.
The Supreme Court's intervention represents a critical juncture in this complex legal battle involving national security concerns, constitutional rights, and international business interests. The outcome could establish significant precedents for future regulation of foreign-owned technology platforms in the United States.