TikTok has secured a critical opportunity in its fight against the U.S. government’s sell-off mandate, with the Supreme Court agreeing to hear its appeal. This move follows the recent rejection of TikTok’s case by the U.S. Court of Appeals for the District of Columbia Circuit, which ruled that national security concerns supersede TikTok’s First Amendment arguments.
At the core of the case is the Protecting Americans from Foreign Adversary Controlled Applications Act, which mandates that TikTok’s U.S. operations must be sold to an American entity by January 19, 2025. TikTok argues this effectively amounts to a ban, as its systems cannot be split or sold within the outlined timeframe.
The Supreme Court has directed parties to focus on one question: whether the sell-off bill violates the First Amendment. While TikTok is challenging the law’s constitutional validity, it faces a significant hurdle. National security concerns, cited as the primary rationale for the mandate, remain classified and shielded from direct scrutiny. This leaves TikTok unable to counter specific claims, forcing it to challenge the law’s broader principles rather than the particulars of the case.
Despite the odds, the Supreme Court’s decision to hear the case suggests TikTok’s argument holds merit. However, with time running out and a January hearing date set, TikTok’s future in the U.S. hangs in the balance.
If the Supreme Court rules against TikTok, the company could explore alternatives, such as revisiting its 2020 deal with Oracle and Walmart. However, approval from the Chinese government remains uncertain. Meanwhile, President-elect Donald Trump, who previously vowed to “save TikTok,” has softened his stance, adding to the platform’s uncertainty.
For now, TikTok remains in a precarious position. The outcome of this hearing will likely determine whether the app stays accessible to U.S. users—or faces a permanent exit from the American market.