Supreme Court to take up challenge to TikTok ban

Supreme Court justices agreed to hear the case just 9 days before the ban is slated to take effect

The Supreme Court on Wednesday said it will hear arguments over a new law that would ban use of the popular social media app TikTok in the U.S. unless its Chinese parent company allows it to be sold.

Justices said they will hold a special session on Jan. 10 to hear oral arguments in the case — an expedited timeline that will allow them to consider the case just nine days before the Jan. 19 ban is slated to take effect.

The news comes two days after TikTok and its Chinese parent company, ByteDance, filed an emergency application to the high court asking justices to temporarily block the law from being enforced while it appealed a decision from the U.S. Court of Appeals for the District of Columbia Circuit. 

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Lawyers for TikTok have argued that the law passed earlier this year is a First Amendment violation, noting in their Supreme Court request that "Congress's unprecedented attempt to single out applicants and bar them from operating one of the most significant speech platforms in this nation" and "presents grave constitutional problems that this court likely will not allow to stand."

The news comes as President-elect Trump has signaled support for TikTok. On Monday, Trump met with TikTok CEO Shou Zi Chew at his Mar-a-Lago resort in Florida, telling reporters during a press conference ahead of the meeting that his incoming administration will "take a look at TikTok" and on the looming U.S. ban.

"I have a warm spot in my heart for TikTok," Trump told reporters.

TikTok cited this relationship directly in its emergency filing to the Supreme Court, arguing that an interim injunction "is also appropriate because it will give the incoming Administration time to determine its position, as the President-elect and his advisors have voiced support for saving TikTok."

"There is a strong public interest that this Court have the opportunity to exercise plenary review," lawyers for the company said.

The Supreme Court’s decision to hear the case comes after Congress passed legislation in April giving TikTok nine months to either divest from its Chinese parent company, ByteDance, or be removed from U.S. app stores and hosting services. 

Lawmakers have cited concerns that China could use the app to download user data or otherwise push certain state-backed content on U.S. users. 

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TikTok, ByteDance and several users of the app sued to block the ban in May, arguing that the legislation would suppress free speech for the millions of Americans that use the platform.