Supreme Court to hear TikTok's appeal against law that would force it to shut, or sell

The US Supreme Court has decided to consider made-in-China social network TikTok's appeal against the law that requires it to shift to local ownership, or close, by January 19.

TikTok and its owner ByteDance have argued that the Protecting Americans from Foreign Adversary Controlled Applications Act (PFACAA) is unconstitutional because it will rob its 170 million US users of their right to free speech. The Biden administration introduced the law as it feels TikTok is a threat to national security and citizens' privacy. Despite assurances that the social network stores data in the US, it operates tools allowing ByteDance workers in China to access personal information about US users.

A series of court challenges followed passage of the PFACAA, the most recent and significant of which was the early December decision by the US Court of Appeals for the District of Columbia that found the Act was justifiable on national security grounds, and disregarded TikTok's free speech argument.

TikTok decided to make one last appeal, to the United States' ultimate jurisdiction: the Supreme Court. The Supreme Court is not obliged to hear appeals, and usually decides to do so only when, according to its own guidance about its procedures, a matter "could have national significance, might harmonize conflicting decisions in the federal Circuit courts, and/or could have precedential value."

In an order [PDF] published on Wednesday, the Supreme Court revealed it intends to consider whether the PFACAA violates the First Amendment and therefore the right to free speech.

Parties were given a December 27 deadline to file a 13,000-word brief, and a January 5 deadline to deliver a 6,000-word reply.

On January 10, the Court will stage a two-hour session to hear oral arguments.

When a decision will land is not known or spelled out in the order.

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The Court might decide to rule quicky, as the PFACAA requires TikTok to find a new owner that has no ties to China or shut down on January 19 – just nine days after oral arguments will be heard.

Or it might decide that it can move more slowly, for two reasons. One is that the US president can authorize a one-off 90-day extension to the January 19 deadline – although the Biden administration has shown little interest in doing so. The other is that the inauguration of president-elect Donald Trump takes place on January 20, and there's a school of thought that argues the new administration should have a chance to implement its policies.

TikTok welcomed the chance to put its case to the Supreme Court, in a brief statement that proclaimed "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 White House appears not to have commented on the matter.

No suitable US-based entity has signaled an interest in acquiring TikTok – an act that would mean it can continue operating stateside. Even if a buyer emerged, ByteDance is not keen to sell. ®