The United States Supreme Court announced on December 18, 2024, that it will hear the TikTok ban case and has scheduled oral arguments for January 10, 2025, before the ban’s January 19, 2025 effective date.

The case stems from a bipartisan law signed by President Biden that required ByteDance, the Chinese-based parent of the app TikTok, to divest from the app or face a ban in the U.S. because it poses a threat to national security. In addition to being a threat to national security, numerous states have filed suit against TikTok alleging that the app has caused a mental health crisis for youth in the U.S. Forbes has reported on “numerous concerns involving the company, including Tiktok spying on journalists, promoting Chinese propaganda criticizing U.S. politicians, mishandling user data, and tracking ‘sensitive words.’”

ByteDance sought emergency relief from the U.S. Supreme Court following a lower federal court’s decision that the ban does not violate TikTok’s First Amendment rights. The district court judge held that if Chinese-owned ByteDance divests from TikTok, the app will be available to users in the U.S.  ByteDance sought emergency relief from the federal circuit court but was denied on December 13, 2024.

The Supreme Court will consider whether the law banning TikTok from the U.S. violates the First Amendment. It is mind-boggling that the Chinese government (which backs ByteDance and is one of the U.S.’s primary cyber adversaries actively engaged in cyber warfare against us) can actually allege it has First Amendment rights in the U.S. Since when can a cyber enemy use our court system to advocate for using spyware against our children? We will be watching the case carefully.

Photo of Linn Foster Freedman Linn Foster Freedman

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chairs the firm’s Data Privacy and Security and Artificial Intelligence Teams. Linn focuses her…

Linn Freedman practices in data privacy and security law, cybersecurity, and complex litigation. She is a member of the Business Litigation Group and the Financial Services Cyber-Compliance Team, and chairs the firm’s Data Privacy and Security and Artificial Intelligence Teams. Linn focuses her practice on compliance with all state and federal privacy and security laws and regulations. She counsels a range of public and private clients from industries such as construction, education, health care, insurance, manufacturing, real estate, utilities and critical infrastructure, marine and charitable organizations, on state and federal data privacy and security investigations, as well as emergency data breach response and mitigation. Linn is an Adjunct Professor of the Practice of Cybersecurity at Brown University and an Adjunct Professor of Law at Roger Williams University School of Law.  Prior to joining the firm, Linn served as assistant attorney general and deputy chief of the Civil Division of the Attorney General’s Office for the State of Rhode Island. She earned her J.D. from Loyola University School of Law and her B.A., with honors, in American Studies from Newcomb College of Tulane University. She is admitted to practice law in Massachusetts and Rhode Island. Read her full rc.com bio here.