TikTok is taking its fight to the U.S. Supreme Court, asking it to block a new law that could ban the popular app across the country. The law, passed earlier this year by Congress and signed by President Joe Biden, requires TikTok to split from its Chinese parent company, ByteDance, or face a nationwide shutdown by January 19, 2025.
In a filing submitted on December 16, TikTok’s lawyers made their case, saying the law would shut down “one of America’s most popular speech platforms” right before the next presidential inauguration. The company argued that this would silence millions of Americans who use the app to share their thoughts on politics, business, art, and everyday issues.
TikTok is asking the Supreme Court to step in and put the law on hold before January 6. If not, the company claims the ban would cause “immediate” and “irreparable” harm, not only to TikTok but to the 170 million Americans who rely on the platform for entertainment, connection, and income.
The law at the center of the issue is called the Protecting Americans from Foreign Adversary Controlled Applications Act. Earlier this month, the U.S. Court of Appeals for the District of Columbia upheld the law, stating that unless TikTok sells its U.S. business to a non-Chinese company by January 19, it will have to shut down operations in the United States.
The court added that TikTok’s millions of users would “need to find alternative media of communication.” However, it placed the blame on concerns about China’s influence over TikTok, calling it a potential threat to national security, not on the U.S. government’s actions. For now, TikTok has been accused of weak data security practices and even “covert Chinese content manipulation,” though the company strongly denies these claims.
TikTok’s lawyers argue there’s more to the story. In their filing, they suggest Congress passed the law because it disagreed with the content TikTok users share and the way the platform operates. The company claims this violates free speech protections under the First Amendment. TikTok pointed to past Supreme Court rulings where bans on platforms have been overturned to protect Americans’ right to express themselves.
In a statement, TikTok said, “The Supreme Court has a history of defending free speech. We’re asking the Court to carefully review this law, as it clearly violates those protections.”
The company is also warning about the economic fallout of a ban. They estimate small businesses could lose more than $1 billion in revenue in just one month, while content creators could lose nearly $300 million in earnings.
Meanwhile, President-elect Donald Trump shared his thoughts on TikTok this week. Speaking to reporters, Trump said, “I have a warm spot in my heart for TikTok,” hinting that the app might have played a role in his strong support from young voters. “I won youth by 34 points, and there are those that say TikTok had something to do with it,” he added. However, he stopped short of saying what his administration might do about the law.
For now, TikTok’s fate in the U.S. hangs in the balance. If the Supreme Court doesn’t intervene, the app could disappear from millions of phones by January 19. If the Court takes up the case, a final decision on the law’s constitutionality could take months. In the meantime, TikTok users, small business owners, and creators are left waiting, unsure of what’s next.
