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The Supreme Court of the United States has announced that he will listen to the topics on January 10, 2025, regarding the constitutionality of a federal law that could prohibit Tiktok in the United States unless his Chinese parent company, bytedance, does not sell the platform. The case raises significant questions about freedom of speech and national security, with implications for the 170 million US users of Tiktok and its content creators.
The law, approved in April with the Bipartisan support and signed by President Joe Biden, set a deadline of January 19th for bytedance to sell Tiktok or face a ban at national level. Tiktok claimed that the law violates the first amendment by unduly limiting freedom of expression.
Intervention of the Supreme Court and temporal sequence
The decision of the Supreme Court to listen to the case marks a critical moment. While the times of a final sentence remain unclear, the Court could undertake a temporary action after oral topics on January 10 to delay the implementation of the law, in particular if at least five judges find the law unconstitutional.
Bytedance and Tiktok also asked for intervention by the courts to protect the platform operations before the expiry of January 19th. The Court will also take into consideration the topics of creators of content and Tiktok users who depend on the income platform, as well as on those who claim that a ban would damage freedom of speech.
The Department of Justice of the Biden Administration will defend the law in court, guaranteeing the continuity of the position of the federal government. However, with the president elected Donald Trump who came into office on January 20, the coming administration could adopt a different approach, potentially opting to suspend the application of the law.
During his campaign, Trump promised to “save Tiktok”, despite trying to ban the platform during his previous period. On Monday, Trump met the CEO of Tiktok, Shou Zi, who has made his Mar-A-Lago club in Florida, reporting an interest in resolving the matter.
Potential impact of a ban
Tiktok warned that a ban could lead to the loss of a third of its daily active users in the United States and significant advertising revenues. The law would also have placed restrictions on the App Store and Internet hosting services, effectively preventing the distribution and operation of Tiktok in the United States
The Tanna case the declared objective of the government to protect national security from constitutional protections for free expression. Federal officials have long expressed concern for bytedance's bonds to the Chinese government, claiming that Tiktok could facilitate data collection or influence the harmful operations for US interests.
Recent developments
On December 6, a jury of federal judges of the United States Court of Appeal for the Circuit of the Columbia District confirmed the law, clarifying the way for its implementation. However, the panel also issued an emergency request to delay the application of the law, allowing the Supreme Court to intervene.
If further judicial actions are not taken, the law will come into force on January 19th. Internet hosting services would be required to block Tiktok, and the Justice Department would begin to investigate violations and imposing penalties.
Tiktok and Bytedance urged the Trump administration coming to reconsider the application, claiming that the radical consequences of the law could be mitigated or delayed.
Looking to the future
With Trump who came into office only one day after the law should have effect, the case adds another level of uncertainty to an already complex legal and political situation. The sentence of the Supreme Court will probably have vast implications for the technological industry, freedom of speech and US-China relationships.
With the approach of the expiry of January 19, all eyes will be on the decision of the Court and on the response of the administration arriving at this high -level battle on one of the most popular social media platforms in the world.
