Facing existential challenges in the United States, short-video platform TikTok has turned to the Supreme Court in a last-ditch effort to temporarily block a law that mandates its Chinese parent company, ByteDance, to divest the app by January 19 or face a nationwide ban.
TikTok and ByteDance submitted an emergency request to the Supreme Court, seeking an injunction to delay the ban while they appeal a lower court ruling that upheld the legislation. Similarly, a group of US TikTok users filed a parallel request on Monday.
The law, passed by Congress in April, stems from concerns raised by the Justice Department, which has labeled TikTok a “national security threat of immense depth and scale.” The department cited TikTok’s ability to access extensive data on US users, including locations and private communications, and alleged potential for covert content manipulation.
On December 6, the US Court of Appeals for the District of Columbia Circuit rejected TikTok’s arguments, which asserted that the law violates the First Amendment’s protections on free speech.
In their Supreme Court filing, TikTok and ByteDance argued: “If Americans, duly informed of the alleged risks of ‘covert’ content manipulation, choose to continue viewing content on TikTok with their eyes wide open, the First Amendment entrusts them with making that choice, free from the government’s censorship.”
They further warned that if the lower court’s decision is upheld, it would grant Congress the power to ban speech based solely on perceived risks linked to foreign influence.
TikTok also stressed the severe consequences of enforcement, noting that a one-month shutdown could lead to the loss of a third of its US user base, disrupt advertising partnerships, and hamper its ability to attract creators, employees, and advertisers.
Describing itself as one of the “most important speech platforms” in the US, TikTok contended that there is no immediate national security threat. The company urged the Supreme Court to delay enforcement of the law, enabling a thorough legal review and allowing the incoming administration of President-elect Donald Trump to reassess the legislation.
Trump, who unsuccessfully attempted to ban TikTok during his first term in 2020, has since reversed his position. During this year’s presidential campaign, he pledged to protect the app. Notably, Trump will assume office on January 20, just one day after the law’s January 19 deadline.
