TikTok’s last stand: Supreme Court hears arguments over potential ban

TikTok has just over a week before it’s forced to either separate from its Chinese parent company ByteDance or functionally cease operations in the US. An appeals court upheld a divest-or-ban law, but the Supreme Court offers one final chance for the company and its users to make their case. The court is expected to issue a decision quickly after its January 10th oral arguments on whether to at least temporarily block the law.

President Joe Biden signed the Protecting Americans from Foreign Adversary Controlled Applications Act — which passed with bipartisan support — last year, but it will take effect just one day before he hands power to President-elect Donald Trump, who has made frequent but nebulous promises to avoid a ban. Trump filed a surprise brief urging the Supreme Court to delay enforcement until he could broker a deal — though it’s unclear if the Chinese government would approve one.

• “One thing is clear: it’s a burden on TikTok’s speech.”

  TikTok’s attorney Noel Francisco is making opening arguments on the livestream — stressing the First Amendment’s role in the case and the potential speech burdens for TikTok and its users. He’s arguing that TikTok’s speech is, in particular, its recommendation algorithm, which is the least likely piece to be approved for a sale by the Chinese government.

  
  

• TikTok creator Sarah Baus is at the Supreme Court to make some noise.

  “If you want people to care, you’ve got to show that you care,” says South-Carolina-based Baus. “It’s all about making noise.” Baus has been updating her nearly 800,000 TikTok followers along the way. “This isn’t just something small. This isn’t just something I’m brushing to the side. I’m fighting for them as well.”

  
  

  

  

  TikTok creator Sarah Baus waits in line for the Supreme Court oral arguments in a case that could result in the app being banned in the US.

  Lauren Feiner

• The TikTok ban Supreme Court arguments start in 30 minutes.

  The Supreme Court will hear oral arguments from TikTok, a group of TikTok users, and the US government before deciding whether to block a law that will otherwise take effect on January 19th. You can listen on C-Span or the Supreme Court’s site, starting at 10AM ET.

  
  

• TikTok has written to creators about tomorrow’s Supreme Court hearing.

  “While we do not have specific on when the court will make its ruling, you can be assured that we will be transparent on the next steps as soon as we have a decision,” writes TikTok’s Kim Farrell, according to a screenshot of a message shared by Andru Edwards.

  
  

• 

  What it will take for TikTok to survive in the US

  

  Illustration by Cath Virginia / The Verge | Photo from Getty Images

  TikTok has just ten days until it faces a possible ban in the US. If the Supreme Court declines to halt the law before January 19th, and TikTok isn’t spun off from its Chinese parent company ByteDance, companies like Apple and Google will be forced to stop maintaining the app in their app stores or letting it push updates. 

  The app’s fate will likely look clearer after Friday, when TikTok and the DOJ are slated to present oral arguments to the Supreme Court over whether the law that could ban TikTok violates the First Amendment. The court declined to stop the clock prior to oral arguments, but left open the possibility of granting a pause after hearing from both sides. 

  Read Article >