Attacked by two justices, lower-court judges and litigants, the 1964 ruling in New York Times v. Sullivan keeps getting cited approvingly in the Supreme Courtβs decisions.
The company argued that the law, citing potential Chinese threats to the nationβs security, violated its First Amendment rights and those of its 170 million users.
The plaintiffs include a Texas rancher and a hip-hop artist who say banning the app violates their First Amendment rights. TikTok is paying their legal bills.
The justices are expected to rule quickly in the case, which pits national security concerns about China against the First Amendmentβs protection of free speech.
The briefs, filed a week before oral arguments, offered sharply differing accounts of Chinaβs influence over the site and the role of the First Amendment.
The president-elect took no position on the appβs First Amendment challenge to the law, which sets a Jan. 19 deadline to sell or close the popular platform.
The Supreme Court will hear arguments next month in First Amendment challenges to laws banning the app and shielding minors from sexual materials on the internet.