The US Supreme Court has agreed to hear a last-ditch appeal from TikTok and its parent company, ByteDance, in a bid to block a law that would ban the app across the US on national security grounds.

The hearing is scheduled for 10 January, just days before the law’s 19 January deadline for TikTok’s divestment or removal from app stores.

The Protecting Americans from Foreign Adversary Controlled Applications Act, signed into law by President Joe Biden, requires ByteDance to sell TikTok to an American company or face a nationwide ban. Lawmakers supporting the act have expressed concerns over the Chinese company's potential access to vast amounts of American user data and its capacity to influence public opinion through content moderation.

TikTok has repeatedly denied these allegations. In a statement, the company said, “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.” The app has framed the measure as a violation of the First Amendment, arguing that it suppresses one of America’s most popular platforms for political discourse, commerce, and creative expression.

Senator Mitch McConnell, however, has urged the Supreme Court to reject TikTok's appeal, likening the app to a “hardened criminal” in a legal filing. The Department of Justice also emphasised the alleged national security risks, claiming, “Continued Chinese control of the TikTok application poses a continuing threat to national security.”

The stakes are high for TikTok, with the company warning that even a month-long shutdown could result in the loss of a third of its US user base, significantly diminishing its value to ByteDance and its advertisers. Market analysts have highlighted the potential benefits for competitors like Instagram, with Kelsey Chickering of Forrester noting, “A ban would effectively create a Meta monopoly on short-form video.”

Donald Trump, the president-elect, who unsuccessfully attempted to ban TikTok during his first term, has reversed his position. He recently pledged to “take a look” at preventing the ban, attributing his strong support among younger voters to the platform. “I have a warm spot in my heart for TikTok,” Trump said, while hinting that its influence might have contributed to his electoral success.

---