Before Trump is even president, the U.S. Court of Appeals for the D.C. Circuit is expected to issue a ruling by Friday on a challenge to the new law requiring ByteDance, TikTok's Chinese parent company, to divest its U.S. operations by January 19. This case has broad implications, touching on national security concerns, constitutional questions about free speech, and the future of foreign-owned tech platforms in the U.S.
Courts generally defer to the executive and legislative branches on national security matters, but the outcome may depend on whether the court frames the issue solely as a national security question or also considers First Amendment concerns. The balance likely favors the government given Congress's clear constitutional authority to regulate foreign commerce, which supports the legislation requiring ByteDance divestment. Regardless, this case is likely headed to the Supreme Court.