TikTok files challenge with Supreme Court

TikTok is taking its battle against the Protecting Americans from Foreign Adversary Controlled Applications Act to the U.S. Supreme Court, asking it to block a law that would go into effect on Jan. 19, 2025, the day before Inauguration Day.

UPDATE: The Supreme Court has agreed to take up TikTok’s appeal, but will not place a temporary block on the law in the meantime. Oral arguments will be heard on Jan. 10, 2025, nine days before the law is scheduled to take effect.

TikTok says the law violates the First Amendment. “The Act will shutter one of America’s most popular speech platforms the day before a presidential inauguration. This, in turn, will silence the speech of Applicants and the many Americans who use the platform to communicate about politics, commerce, arts, and other matters of public concern.” The court filing is here.

Why we care. Simply, it’s a marketing channel of increasing significance for a wide range of brands. It’s worth adding that it’s also a huge marketplace for the influencers whose self-generated content can have a greater impact than the most sophisticated brand campaigns. Whatever one feels about the role of Chinese owner ByteDance and risks to data privacy, shutting the platform down is a big deal. Feel free to place your bets on where the Supreme Court will come out on this.

Dig deeper: How TikTok is transforming brand advertising