The hearing on a law that could lead to a TikTok ban in the U.S. will take place Friday morning before the Supreme Court. The law, which passed through Congress and was signed by President Biden, is set to take effect on January 19, 2025. Today’s hearing seeks to request a delay in the law’s implementation or a ruling to overrule it.

Law Provisions and Implementation Timeline

The law stipulates that TikTok must sever its ties with its China-based parent company, ByteDance, in order to remain operational in the U.S. It also states that the sitting president can pause the implementation of the law for up to three months if a sale transaction is underway.

First Amendment and National Security Debate

The case focuses on the conflict between the First Amendment’s right to free speech and lawmakers’ concerns that TikTok poses a threat to national security. The Supreme Court is handling the case as a matter of urgency, just 48 hours after the company filed for intervention. The court will hear the case and determine whether the law targeting TikTok contradicts the First Amendment.

In April 2024, Congress passed the Protecting Americans from Foreign Adversary Controlled Applications Act, which was included in the foreign affairs package. The law prohibits third-party service providers, such as Google and Apple, from “distributing, maintaining, or updating” apps controlled by foreign companies by making them available for download in their app stores.

Impact on TikTok and Related Applications

ByteDance, TikTok, and related companies are classified as “foreign adversary-controlled applications” under this law. The law also targets any other apps operated by foreign adversaries, such as China, Russia, North Korea, or Iran.

If the law is enacted on January 19, 2025, TikTok will become inoperable after 270 days. Users will no longer be able to post on the platform or download the app.

The central issue presented to the Supreme Court is the U.S. government’s claim that TikTok collects vast amounts of personal data from users, which could be exploited by the Chinese government for “spying or coercion” or to escalate political turmoil by spreading false information to “advance their global political interests.”

According to a statement from the Justice Department, “Congress’ intent is to curb foreign adversary control, not to limit freedom of speech, restrict viewpoints, or control the content shared on TikTok

This move would silence more than 170 million American users and could violate the First Amendment, according to the lawyers. TikTok’s parent company has confirmed that the app is not for sale, even though such a sale could provide a reprieve and allow the platform to continue operating in the U.S. President-elect Donald Trump is opposed to shutting down the popular app.

The law allows Trump to grant a 90-day grace period before implementation if there is evidence that the parent company has made progress with the transfer of ownership. He can also instruct the Justice Department not to enforce the law.