Once TikTok filed an appeal to the Supreme Court to block them from being banned in the United States under the Protecting Americans from Foreign Adversary Controlled Applications Act, it’s now in the hands of the Supreme Court. It is a pivotal case that could determine if the ByteDance owned application will stay up and running in its biggest market or be completely shut down nationwide on 19 January 2025.
Legal Battle Over the First Amendment
Just yesterday, an Appeals Court declined TikTok’s appeal to put off its looming ban, confirming the popular video app has zero chance of finding traction in the US. TikTok fired back that the ban was putting the company on the wrong side of the First Amendment, which protects free speech and expression.
Just nine days before the ban could go into effect, TikTok’s case got picked up by the Supreme Court on December 18, and the court agreed to hear it. Timing is tight, with the Court left to wonder whether it will speed things up or approve an administrative stay so that enforcement of the ban will be stayed.
What Happens When TikTok Loses the US Market
ByteDance doesn’t have higher stakes. TikTok is America’s largest market, reaching 170 million monthly users. This audience represents a hugely important (and lucrative) audience for the platform globally, without access to them, the platform would find itself trounced with regards to its global dominance and revenue streams.
TikTok recently started offering up to $350 in TikTok Shop credits to US users to invite new folk to app. This is not only TikTok fighting in court, but also preparing for a worse case scenario where if it’s banned in the US app stores, there are ways users could sideload the app.
National Security Concerns and Precedents
It also blamed TikTok for undermining the US government’s data security and its Chinese parent company, ByteDance. Restrictions of TikTok have been pushed by advocates who say the way the China owned platform collects data could put Americans under Chinese government surveillance — or its sway.
It’s not the first time ByteDance has ended up in the headlines. Canada had earlier this year kicked TikTok out of its operational space, also citing fears of national security. The ban on operations from its Chinese headquarters is an indication of the global fear of TikTok’s data practices, while the Chinese app remains available to Canadian users.
What’s Next for TikTok?
The eyes are on whether TikTok is able to argue its case under the First Amendment as the Supreme Court hearing begins. If the Court rules in favour of TikTok, it could set future precedent around how digital platforms with international ties are governed in the US. But if the ban goes ahead at all, that will put ByteDance in a bind too, effectively losing its most profitable market.
The clock is ticking in the case of TikTok, which is set to lose US access by this date — that is, scheduled days before oral arguments were scheduled to be held.
Conclusion
TikTok’s appeal case could have major ramifications on the future of the platform and how governments’ respect digital freedoms and national security when it comes to digital service. Fast approaching is January 2025, a time when this legal battle could move to decide how tech and free speech aligns with global politics.
Ethan Cole is a tech aficionado dedicated to exploring the latest innovations and gadgets, providing reviews and insights to keep you updated in the tech world.
