The demand to ban TikTok has intensified in the US Supreme Court.

TikTok has had an interim success in the fight against the US ban: The Supreme Court has accepted the company’s application to review the legal ban for constitutional conformity. However, the Supreme Court is not taking any further action on the urgent application for a temporary stay.

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Instead, the Supreme Court is taking a step unusual in many cases: It has scheduled a two-hour hearing for January 10, 2025. You can’t really get an appointment there that quickly, and hearings are usually only scheduled for an hour. Additionally, the Supreme Court typically invites the U.S. government to comment on the request before deciding whether or not to accept a case. This time the Supreme Court abandoned this intermediate step.

The purpose of the express remedy is clear: the central legal question of the acceptability of the legal TikTok ban must be decided before it comes into force nine days after the hearing date. Another day later, Donald Trump was sworn in as the new US President.

face of trump

Trump imposed the first TikTok ban during his first term in office, but it was lifted by his successor Joe Biden before it could take effect. But then the US legislature swung into action: both US parties jointly passed a law banning TikTok with a clear majority. The Chinese company argues that the US law violates the US Constitution on several occasions.

The law provides for a special, summary legal procedure. This does not normally involve a trial in the competent federal district court and sends TikTok directly to a federal appeals court, without the possibility of a proper appeal against its decision. The federal appeals court for the District of Columbia ruled against TikTok and in favor of the legislature. Therefore, TikTok moved the US Supreme Court on Monday; Although he accepts only a fraction of all the cases brought before him, he still allows TikTok to go to trial.

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While Trump banned TikTok during his first term in office, he has recently spoken out in favor of saving the video service. The US President-elect said on Monday, “I have a warm place in my heart for TikTok.” Trump considers himself especially successful among young voters and also gives credit to TikTok for this. Trump said on Monday, “I won the youth vote by 34 points and there are people who say TikTok had something to do with it.” Actually, his opponent was lying. According to election researchers, Kamala Harris is ahead in this group by six percentage points.,

indirect sanctions

TikTok and its Chinese parent company ByteDance may be one and the same; Trump’s public support was a good argument in the urgent application to the Supreme Court: “If a legal ban on TikTok were implemented it would not be in anyone’s interest (-) neither the parties to the dispute, nor the public, nor the courts (-) “Before the government ceases enforcement it may only take a few hours, days or weeks,” TikTok wrote to the Supreme Court. Of course, the company is bringing even tougher, constitutional arguments to the meeting.

Although the US President cannot repeal the law at will, he can extend the time limit by up to 90 days under certain conditions. Above all, he has influence over the officers who must enforce the law. The new president may publicly urge his justice minister and top prosecutor to allow TikTok to use US service providers. If they trust the authorities to shut down all the corns, TikTok will continue to operate as usual despite the legal ban. TikTok is not banned outright, but US companies are prohibited from distributing the app or its updates or hosting TikTok videos.

Proceedings are called before the US Supreme Court TikTok and ByteDance vs. Merrick B. GarlandReference 24-656. Since the Supreme Court will also hear a group of TikTok users, it has also been named Brian Firebaugh et al vs. Merrick B. Garland
Reference 24-657

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