TikTok is preparing to comply with federal legislation that could ban the app for U.S. users. Accord[...]
TikTok is preparing to comply with federal legislation that could ban the app for U.S. users. According to sources, the 21st Century Peace Through Strength Act, H.R. 8038, mandates that parent company ByteDance sell its U.S. assets by January 19, 2025, or face a nationwide ban.
Under this act, new TikTok downloads would be banned on both Apple’s App Store and the Google Play store. Existing users may continue to use the app for some time. However, TikTok plans to notify existing users of the ban through a message directing them to a website with information about the situation. Users will also be given the option to download all their data to preserve their personal information.
If the ban is reversed in the future, TikTok is expected to be able to restore services in the U.S. quickly. Previously, TikTok sued the U.S. government, claiming that the law violates its First Amendment rights. The U.S. Supreme Court heard oral arguments in TikTok, Inc. v. Garland on January 10, 2025.
The Supreme Court Justices appeared divided on the issue of whether the law raises a First Amendment concern. Justices Thomas, Kagan, and Barrett did not seem convinced that the law limits TikTok’s speech, while other justices were more persuaded by the government’s national security arguments. Justice Kagan questioned the necessity of the law to prevent covert manipulation of content by China.
Lawyers for President-elect Trump were not present at the hearing. President Trump, who previously supported a ban, now opposes shutting down TikTok. His lawyers filed an amicus brief urging the Supreme Court to delay the ban’s effective date to allow the incoming administration to pursue a negotiated resolution on January 20th.
Additional Reading:
– TikTok prepares for US shutdown from Sunday, sources say, Reuters (January 15, 2025)
– Supreme Court skeptical of ban on TikTok, SCOTUSblog (January 10, 2025)
– Docket in TikTok, Inc. v. Garland, Supreme Court of the United States
– TikTok, Inc. v. Garland, Oyez (January 15, 2025)
– Opinion in TikTok Inc. v. Garland, No. 24-1113 (D.C. Cir. 2024)
– President Biden Signs Bill Banning TikTok, Justia Legal News (April 24, 2024)
– TikTok Sues U.S. Government Alleging Violation of the First Amendment, Justia Legal News (May 8, 2024)
