The US Supreme Court will hear TikTok's legal argument for why it should not be banned or forced to be sold in the US.

The Biden Administration is set to ban the app on their last day in power, over alleged national security risks posed by the social media platform's Chinese ownership and alleged links to the Chinese state.

Trump TikTok
– DCD/The White House

TikTok and parent company ByteDance asked the Supreme Court for an emergency injunction against the law, but the highest court in the nation instead said that it would allow the companies to make their case on 10 January. That is nine days before the ban is set to be enforced, which is itself a day before President Donald Trump's inauguration.

Earlier this month, a federal appeals court rejected TikTok's effort to overturn the legislation, saying it was "the culmination of extensive, bipartisan action by the Congress and by successive presidents," and a matter of national security.

At the time, the company said that "the TikTok ban was conceived and pushed through based upon inaccurate, flawed, and hypothetical information, resulting in outright censorship of the American people."

It has argued that the ban is unconstitutional because it represented a "staggering" impact on the free speech of its 170 million US users.

It is unclear what Trump plans to do with TikTok, should it survive until his presidency.

Trump previously unsuccessfully tried to have TikTok banned, but has since said that he would "save" the app and that any ban could help Facebook.

During Trump's attempted ban, Oracle and Walmart were on track to acquire TikTok's US operations. While the deal fell through, TikTok has since begun moving all of its US data to Oracle Cloud.

In Oracle's annual report filing earlier this year, the company has stated that the ban would have a negative effect on its revenue and profits.

"In April 2024, the US president signed into law a bill that will make it unlawful to provide Internet hosting services to TikTok that are used to enable the distribution, maintenance, or updating of TikTok for users within the US if certain steps are not taken by TikTok’s owners within a set time frame.

"If we are unable to provide those services to TikTok, and if we cannot redeploy that capacity in a timely manner, our revenues and profits would be adversely impacted."