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TikTok fights for survival as Supreme Court hears divestment case

TikTok fights for survival as Supreme Court hears divestment case

January 10, 2025 By Peter Leave a Comment

On Friday, the Supreme Court will hear oral arguments on the TikTok divest-or-ban law. TikTok is asking the court to pause its divestment deadline, set for January 19. We're posting updates on the hearing here as they become available. This is a developing story. Please check back for updates.

TikTok's Battle in the Supreme Court

TikTok is fighting for its life as it faces a possible US ban in a little over a week. Today, it's arguing its case before the Supreme Court. The company is challenging a law that compels its Chinese owner, ByteDance, to divest from the US version of TikTok by January 19 or be forced to shut it down. It lost its case in the DC Circuit in December and is now appealing to the Supreme Court for an emergency injunction to pause its divestment deadline.

Legal Challenges and Analysis

During oral arguments on Friday, the company said it would be "extraordinarily difficult" for it to divest its US platform from the rest of TikTok globally over any timeline. The company's prospects of getting more time don't look great, legal analysts told Business Insider. G.S. Hans, a clinical professor of law at Cornell Law School, mentioned that TikTok faces an uphill battle and has a slim chance of success in the Supreme Court.

Matthew Schettenhelm, a litigation and policy analyst at Bloomberg Intelligence, described TikTok as an underdog in the case, estimating the company has a 30% chance of being rescued by the Supreme Court. If TikTok fails to win more time through court intervention, its business partners like Apple, Google, and Oracle may cut ties with the app in the US after January 19 to comply with the law.

Potential Implications of the Ban

If TikTok is unable to secure a favorable outcome, its business operations in the US could face significant disruptions. Apple, Google, and Oracle, key partners of TikTok, may have to sever ties with the app to adhere to the legal requirements. Neama Rahmani, a former federal prosecutor, anticipates that the court will likely uphold the TikTok ban law, citing concerns about data security and foreign ownership.

Public Opinion and Political Support

TikTok's potential ban stems from concerns raised in the Protecting Americans from Foreign Adversary Controlled Applications Act. While there has been bipartisan support in Congress for restricting TikTok's operations, public opinion on a ban has wavered. President-elect Donald Trump has expressed interest in intervening to save TikTok, indicating a potential shift in the government's approach to the issue.

As the legal battle unfolds in the Supreme Court, the future of TikTok's presence in the US hangs in the balance. The outcome of this case could have far-reaching implications for the app's millions of users and the broader tech industry.

—————————————————————————————————————————————
By: dwhateley@businessinsider.com (Dan Whateley,Kenneth Niemeyer)
Title: TikTok fights for survival as Supreme Court hears divestment case
Sourced From: www.businessinsider.com/tiktok-ban-supreme-court-hearing-details-2025-1
Published Date: Fri, 10 Jan 2025 15:36:32 +0000

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