As the Supreme Court was set to announce its landmark decision Friday on whether to uphold a law that would effectively ban TikTok in the United States, the popular Chinese-owned app and its allies launched a last-minute effort to prevent the statute from being enforced. . .
Company representatives have swarmed the Capitol in recent days, pressing lawmakers with TikTok's case that the ByteDance-owned app should get a pardon, and warning that if it doesn't, it could go dark on Sunday. , when the law is scheduled. go into effect, three people familiar with the efforts said.
Senator Chuck Schumer of New York, the Democratic leader, recently told President Biden in a phone call that the ban would damage his legacy if it occurred during his term, according to two people familiar with the conversation. Schumer, who said he wanted TikTok to be sold to an American owner rather than banned, publicly confirmed Thursday that he had pressured Biden to extend the deadline.
At the same time, President-elect Donald J. Trump, who has expressed support for enforcement and will take office on Monday, has considered signing an executive order that could effectively neutralize the law.
The flurry of activity came as the Supreme Court, in an extraordinary move, strongly suggested it would issue a decision on the law on Friday. Putting the case on exceptionally fast track last month, the justices heard arguments just a week ago and seemed inclined to uphold the law.
“This threat of nightfall on Sunday caught people's attention,” said Sarah Kreps, director of the technology Policy Institute at Cornell University. He seems to have “crystallized what is really at stake.”
The potential ban stems from bipartisan legislation last year that would force app stores like Apple and Google, as well as cloud computing providers, to stop distributing TikTok unless ByteDance sold it to a non-Chinese owner in a period of 270 days. Biden signed the law in April over national security concerns that the Chinese government could use the app to spy on Americans and spread propaganda.
If the Supreme Court upholds the law, as expected, the ruling will have untold repercussions for the social media landscape, popular culture, and millions of influencers and small businesses who rely on the platform to make a living. TikTok, which says it has 170 million users in the U.S., has become a cultural hub that has hosted everything from videos about dance trends to important information for communities in crisis. Other social media companies are very likely to make a profit.
A ban would also have major implications for U.S.-China relations, which are already deeply strained over trade and tariffs. Beijing restricted the export of critical minerals to the United States last month after officials in Washington imposed new restrictions on China's computer chip industry. Trump has threatened a broader trade war after taking office.
It's unclear whether a Trump executive order could effectively stop a ban. Legal experts said he could order the Justice Department not to enforce the law, or delay its enforcement for a set period, but it's unclear how that executive order would fare if challenged in court.
Another possible way to stop the ban would be to find a buyer, which would allow the president to extend the deadline by 90 days. The law says there must be a viable deal on the table, but no clear buyers have emerged. Some lawmakers on Thursday urged Biden or Trump to extend the deadline anyway.
TikTok has claimed that a sale is impossible because TikTok is a global operation, and China has already signaled it would block the export of its important video recommendation technology.
Instead, TikTok has been working on political connections to avoid losing its business in the United States. TikTok CEO Shou Chew has been living in the United States instead of his usual base, Singapore, amid the political chaos surrounding the company, two people with knowledge of his plans said.
Trump invited Chew to attend the inauguration on Monday and sit in a position of honor on the dais, where former presidents, their families and other important guests traditionally sit.
TikTok has also leaned on its connections with conservative influencers. He spent thousands of dollars to be the title sponsor of a party this Sunday called “The Power 30,” which will honor conservative influencers.
Within the company, employees have weighed whether the app-using experience should change in any way if the ban goes into effect.
On Friday, the Supreme Court will issue at least one ruling starting at 10 a.m., a day on which it was not previously expected to rule. The justices will not take the bench, an unusual move for a decision in contested cases.
The court last did so in March, when it issued a decision in another fast-paced and landmark case, rejecting a challenge to Trump's eligibility for the Colorado primary.
While the TikTok law won bipartisan support last year, some politicians now worry that a ban could spark widespread political backlash among Americans. Many young adults rely on TikTok for an endless stream of memes, happy dances, political commentary, news, and humor.
“We will implement measures to prevent TikTok from going dark,” former Rep. Mike Waltz, Trump's incoming national security adviser, said Thursday morning on “Fox and Friends.” “It's been a great platform for him and his campaign to spread his America First message, but at the same time he wants to protect his data.”
Democrats have expressed concern in recent days that the app would be taken offline under the Biden administration, and even announced legislation Tuesday to extend the deadline for the sale. Schumer accused Republicans of blocking the proposal.
“It is clear that more time is needed to find an American buyer and not disrupt the lives and livelihoods of millions of Americans, of so many influential people who have built a good network of followers,” Schumer said during his speech on the Senate floor. . floor on Thursday.
Two of the bill's sponsors, Sens. Edward J. Markey of Massachusetts and Cory Booker of New Jersey, both Democrats, called on Biden to extend the deadline by 90 days at a news conference Thursday, even without an agreement to sell the company. on the table.
“He's the sitting president and he can exercise that authority right now,” Markey said.
“We hope that if President Biden does not exercise that authority, President Trump, after he is sworn in on Monday, will exercise that authority to ensure that TikTok stays alive,” Markey added.
Catie Edmondson contributed reports.
