TikTok plans to comply with federal legislation banning the app for U.S. users, according to sources. The 21st Century Peace Through Strength Act, H.R. 8038, requires parent company ByteDance to sell its U.S. assets by January 19, 2025, or face a ban nationwide.
The 21st Century Peace Through Strength Act mandates a ban on new TikTok downloads on Apple’s App Store and the Google Play store. Existing users may continue using the app for some time. However, anonymous sources claim that TikTok plans to show existing users opening the app a message directing them to a website containing information about the ban. Further, the source claims that users will be provided an option to download all their data so that they may record their personal information. Should the ban get reversed later, a source claims that TikTok would be able to restores services in the U.S. in a short time.
TikTok previously sued the U.S. government alleging that the law is a violation of its First Amendment rights. The U.S. Supreme Court heard oral arguments in TikTok, Inc. v. Garland on Friday, January 10, 2025. The Supreme Court Justices seemed divided over whether the law raises a First Amendment issue. Justices Thomas, Kagan, and Barrett did not appear to be convinced that the law limits TikTok’s speech. Other justices seemed to be persuaded by the government’s claim of national security concerns, although Justice Kagan questioned whether the law is necessary to prevent covert manipulation of content by China.
Lawyers for President-elect Trump were not present at the hearing. President Trump previously supported a ban, but currently opposes shutting down TikTok. In an amicus brief, President Trump’s lawyers urged the Supreme Court to delay the ban’s effective date in order to provide the incoming administration an opportunity to “pursue a negotiated resolution” on January 20th when it takes office.
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)
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