The US Supreme Court building in Washington, D.C. (Drew Angerer/AFP via Getty )
In passing the law, Congress cited concerns over the app's Chinese ownership, which members said meant the app had the potential to be weaponized or used to amass vast amounts of user data, including from the roughly 170 million Americans who use TikTok.
TikTok, ByteDance and several users of the app swiftly sued to block the ban in May, arguing the legislation would suppress free speech for the millions of Americans who use the platform. After a lower court upheld the ban, the Supreme Court agreed to hear TikTok's emergency request to either block or pause implementation of the law under a fast-track timeline just nine days before the ban was slated to go into effect.
READ THE SUPREME COURT RULING ON TIKTOK LAW – APP USERS, CLICK HERE:
During oral arguments, lawyers for the Biden administration reiterated the argument that TikTok’s Chinese ownership poses a "grave" national security risk for American users.
U.S. Solicitor General Elizabeth Prelogar cited risks that China could weaponize the app, including by manipulating its algorithm to prioritize certain content or by ordering parent company ByteDance to turn over vast amounts of user data compiled by TikTok on U.S. users.
TRUMP SAYS FATE OF TIKTOK SHOULD BE IN HIS HANDS WHEN HE RETURNS TO WHITE HOUSE
TikTok’s lawyers, meanwhile, sought to frame the case primarily as a restriction on free speech protections under the First Amendment, which the company has argued applies to TikTok’s U.S.-based incorporation.
Noel Francisco, TikTok’s lawyer, argued that the U.S. government has "no valid interest in preventing foreign propaganda," and reiterated TikTok's position that the platform and its owners should be entitled to the highest level of free speech protections under the U.S. Constitution.
Francisco also argued TikTok cannot divest from its Chinese parent company, citing portions of its source code and intellectual property that are housed in China.
First Amendment protections must be considered under strict scrutiny, which requires the government to sustain a higher burden of proof in justifying a law's constitutionality.
President-elect Trump is pictured in front of the TikTok logo. (Getty Images)
The Supreme Court and its 6-3 conservative majority have been historically deferential to Congress on matters of national security.
The divestiture law in question passed Congress last year under the guidance of top Justice Department officials, who worked directly with House lawmakers to write the bill and help it withstand possible legal challenges.
But it also comes at a time when President-elect Trump has signaled apparent support for the app in recent months.
In December, Trump hosted TikTok CEO Shou Zi Chew at his Mar-a-Lago resort, and later told reporters that his incoming administration will "take a look at TikTok" and the divestiture case.
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Attorneys for the president-elect also filed a brief with the Supreme Court last month, asking justices to delay any decision in the case until after Trump's inauguration on Jan. 20.
The brief did not signal how Trump might act, but cited his request for the court to pause the ban from taking effect until Trump's inauguration.
Fox News' Bill Mears and Shannon Bream contributed to this report.
Breanne Deppisch is a politics reporter for Fox News Digital covering the 2024 election and other national news.
https://www.foxnews.com/politics/supreme-court-issues-ruling-looming-tiktok-ban