Supreme Court Considers TikTok’s Bid To Remain in the US

Will TikTok actually be banned in the U.S. next week?

Time is running out for the app, which now has just days remaining to find a way to remain in operation for its 170 million American users.

As per the “Protecting Americans from Foreign Adversary Controlled Applications Act”, TikTok will be banned in the U.S. on January 19th, unless it’s sold into U.S. ownership, due to concerns relating to the app’s links to the Chinese government, and its capacity to be used to both gather information and disseminate propaganda on behalf of a U.S. adversary.

TikTok’s initial appeal against the bill was rejected by the U.S. Court of Appeals for the District of Columbia Circuit early last month, but the U.S. Supreme Court then agreed to hear TikTok’s plea against that ruling, a process which began on Friday last week.

But early indicators suggest that TikTok’s unlikely to see favorable judgment in its second appeal push.

As per Reuters:

“The justices signaled through their questions during the arguments that they were inclined to uphold the law, although some expressed serious concerns about its First Amendment implications.”

TikTok has been pushing this angle, that the bill is in violation of the First Amendment, but because the case involves national security, that may not be applicable in this instance. In which case, TikTok would be forced out of the U.S. by this time next week, meaning that it will disappear from app stores, and its functionality will gradually be cut off.

So it won’t suddenly be gone from your device overnight, but it will essentially stop working, because TikTok’s parent company ByteDance will no longer be able to maintain and update the app. It’ll also disappear from the web, and for all intents and purposes, the app will essentially die off over a period of time for U.S. users.     

The Supreme Court bid, then, is TikTok’s last chance to avoid a ban in the U.S., as it seemingly hasn’t made any moves to sell the company to a U.S. investor, and any other avenue to save the app is limited.

Incoming President Donald Trump has indicated that he wants to save the app, and the Trump team has filed an amicus brief with the Supreme Court to extend the deadline on any final decision, so that it would occur after he’s officially sworn in. But no extension has been granted as yet.

And even if it is approved, Trump’s avenues for appeal are also limited.

Legal experts say that Trump could pressure Congress to rescind the bill, though that would be a significant step to take, especially given that the original proposal was unanimously passed. Trump could also direct the Justice Department not to enforce the law, which would mean that Google and Apple wouldn’t face penalties if they fail to remove the app from their respective app stores. But that too seems like a risky proposition, and a shaky framework for TikTok to continue its U.S. operation.

A consortium of U.S. investors has expressed interest in buying the app, but again, there’s been no indication that ByteDance has engaged this group, while the company has also said that the deadline is too tight to arrange a sell-off.

So yes, at this stage, it does seem like TikTok will actually be banned in the U.S.

There’ll be some scrambling this week, but the pathways to maintaining the app seem slim at best.

A decision from the Supreme Court is expected early in the week.