TikTok makes a last-minute push as Supreme Court is poised to rule on ban
Follow live updates on the Supreme Court ruling against TikTok.
As the Supreme Court was poised on Friday to announce its landmark decision 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 push to fend off the statute’s enforcement.
The company’s representatives have swarmed Capitol Hill in recent days, pressing lawmakers with TikTok’s case, three people familiar with the efforts said. The app, which is owned by ByteDance, should win a reprieve, the company representatives say, and warn that if it doesn’t it may go dark on Sunday when the law is scheduled to go into effect.
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 on his watch, according to two people familiar with the conversation. Mr. Schumer publicly confirmed that he pushed Mr. Biden for an extension of the deadline. He had said that he wanted TikTok sold to an American instead of being banned. The Supreme Court heard arguments just a week before, and seemed inclined to uphold law. It has “crystallized the real issue.” Mr. Biden signed the law in April because of 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 that rely on the platform to earn a living. TikTok has become a cultural hub, hosting everything from videos about dance trends to information for communities facing crises. Other social media companies are likely to benefit.
An outright ban would have major implications for U.S. – Chinese relations, which are already strained due to trade and tariffs. Beijing restricted the exports of vital minerals to the United States in the last month, after officials in Washington imposed new curbs on China’s computer chip industry. It’s unclear whether an executive order from Mr. Trump would effectively stop a ban. Legal experts said he could direct the Justice Department not to enforce the law, or delay enforcement for a set period, but how such an executive order would fare if challenged in court is uncertain.
Another possible way to halt a ban would be to find a buyer, allowing the president to extend the deadline by 90 days. No clear buyers have been identified, despite the law requiring a viable deal to be made. Some lawmakers urged Mr. Biden or Mr. Trump on Thursday 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 all-important video-recommendation technology.
Instead, TikTok has been working political connections to avoid losing its U.S. business. Shou Chew has been living in America instead of Singapore, his usual base. This is due to the political turmoil surrounding the company. Trump has invited Mr. Chew to attend the inauguration on Monday and to sit in a position of honor on the dais, where former presidents, family and other important guests traditionally are seated.
TikTok has also leaned into its connections with conservative influencers. It spent thousands to be the headline sponsorship of a party on Sunday, “The Power 30,” honoring conservative influencers. The Supreme Court won’t take the bench, which is unusual for a decision in argued cases. The court will not sit on the bench to make a decision, which is unusual for a decision that has been argued. Many young adults rely on TikTok for an endless stream of memes, snappy dances, political commentary, news and humor.
“We will put measures in place to keep TikTok from going dark,” former Representative Mike Waltz, who is Mr. 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 get his America first message out, but at the same time he wants to protect their data.”
Democrats expressed worry in recent days that the app would go offline on Mr. Biden’s watch, even announcing legislation on Tuesday to extend the deadline for a sale. Mr. Schumer accused Republicans of blocking the proposal.
“It’s 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 influencers who have built up a good network of followers,” Mr. Schumer said during his speech on the Senate floor on Thursday.
Two of the bill’s sponsors, Senators Edward J. Markey of Massachusetts and Cory Booker of New Jersey, both Democrats, called on Mr. Biden to extend the deadline by 90 days at a news conference on Thursday — even with no deal to sell the company on the table.
“He’s the incumbent president, and he can exercise that authority right now,” Mr. Markey said.
“We hope that if President Biden doesn’t exercise that authority, that President Trump, after he is sworn in on Monday, that he would exercise that authority to ensure that TikTok stays alive,” Mr. Markey added.
Catie Edmondson contributed reporting.