As the Supreme Court was poised 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 avoid enforcement statute.
Representatives of the company have swarmed Capitol Hill in recent days, pressuring lawmakers about TikTok, three people familiar with the effort said. The app, which is owned by ByteDance, must win a deadline, company representatives say, and warn that if it doesn’t, it could go dark on Sunday when the law is scheduled to take effect.
Sen. 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 happened on his watch, according to two people familiar with the conversation. Mr Schumer, who said he wanted TikTok to be sold to a US owner rather than banned, confirmed publicly on Thursday that he had pushed Mr Biden to extend the deadline.
At the same time, President-elect Donald J. Trump — who has signaled his support for the app and will take office on Monday — has weighed signing an executive order that could effectively neutralize the law.
The flurry of activity came after the Supreme Court, in an extraordinary move, strongly suggested it would rule on the law on Friday. Putting the case on an extremely fast track last month, the justices heard arguments just a week ago and appeared inclined to apply the law.
“This threat to black out on Sunday got people’s attention,” said Sarah Kreps, the director of the Technology Policy Institute at Cornell University. It seems to have “crystallized what is really at stake”.
The potential ban stems from bipartisan legislation last year that would have forced app stores like Apple and Google, plus cloud computing providers, to stop distributing TikTok unless ByteDance sold it to a non-Chinese owner within 270 days . 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 decision will have untold consequences for the social media landscape, popular culture, and the millions of influencers and small businesses that rely on the platform for a living. TikTok, which says it has 170 million US users, has become a cultural hub that has hosted everything from dance trend videos to important information about communities in crisis. Other social media companies are more likely to benefit.
A ban would also have major implications for US-China relations, already deeply strained over trade and tariffs. Beijing restricted exports of critical minerals to the United States last month after officials in Washington imposed new restrictions on China’s computer chip industry. Mr Trump has threatened a wider trade war after taking office.
It is unclear whether an executive order from Mr. Trump could effectively halt a ban. Legal experts said he could direct the Justice Department not to enforce the law, or delay enforcement for a specified period, but how such an executive order would fare if challenged in court is uncertain.
Another possible way to stop a ban would be to find a buyer, allowing the president to extend the deadline by 90 days. The law says a lasting deal must be on the table, but no clear buyers have emerged. Some lawmakers asked Mr. Biden or Mr. Trump on Thursday to extend the deadline anyway.
TikTok has maintained that a sale is impossible because TikTok is a global operation and China has already signaled it would block the export of its crucial video recommendation technology.
Instead, TikTok has worked on political connections to avoid losing its business in the US. TikTok Chief Executive Shou Chew has been living in the United States instead of his usual base of Singapore amid the political chaos surrounding the company, two people with knowledge of his plans said.
Mr Trump has invited Mr Chew to attend the inauguration on Monday and sit in a position of honor on the square, where former presidents, family and other important guests traditionally sit.
TikTok has also leaned in its ties to conservative influencers. She spent thousands of dollars to be the lead sponsor of a party this Sunday called “The Power 30,” which will honor conservative influencers.
Inside the company, employees have weighed in on whether the experience of using the app should change in any way if the ban goes into effect.
On Friday, the Supreme Court will issue at least one opinion starting at 10:00 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 argued cases.
The last time the court did so was in March, when it ruled in another fast-track and consequential case, rejecting a challenge to Mr. Trump’s eligibility for Colorado’s primary vote.
While the TikTok law won bipartisan support last year, some politicians now worry that a ban could cause widespread political backlash among Americans. Many young adults rely on TikTok for an endless stream of memes, fun dances, political commentary, news and humor.
“We’re going to take steps to keep TikTok from going dark,” former Representative Mike Waltz, who is Mr. Trump’s next national security adviser, said Thursday morning on “Fox and Friends.” “It’s been a great platform for him and his campaign to get his message out to America first, but at the same time he wants to protect their data.”
Democrats expressed concern in recent days that the app would go offline on Mr. Biden’s watch, even announcing legislation on Tuesday to extend the sale deadline. 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 Senate speech. . floor on Thursday.
Two of the bill’s sponsors, Senators Edward J. Markey of Massachusetts and Cory Booker of New Jersey, both Democrats, asked Mr. Biden to extend the deadline by 90 days at a news conference Thursday — even without a deal to sell the company. on the table.
“He’s the sitting president and he can exercise that authority now,” Mr. 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,” Mr. Markey added.
Kati Edmondson contributed to the reporting.
