TikTok has made a last-ditch effort to continue its operations in the US, asking the Supreme Court to temporarily block a law requiring ByteDance, its China-based parent company, to pull the app by January 19 or face a ban.
An emergency motion was filed by TikTok and ByteDance on Monday to halt enforcement of the law while they appeal a lower court ruling that upheld the legislation. A group of TikTok users in the United States also made a similar request.
Congress passed the law in April, with the Justice Department stating that TikTok poses a “broad and profound national security threat” due to its access to US user data and the potential to manipulate content. TikTok’s arguments that the law violates the First Amendment were rejected by the US Court of Appeals for the D.C. Circuit on December 6.
In their filing with the Supreme Court, TikTok and ByteDance said Americans were “entrusted to make that choice” to continue using the app despite the alleged risks. It was said that if the court’s ruling stands, “Congress will be given the freedom to prevent any American from speaking out by designating foreign influence.”
TikTok and ByteDance have indicated that a one-month shutdown would result in TikTok losing nearly a third of its U.S. users while hurting its advertising, hiring of creators and employee talent.
The companies referred to TikTok as “one of the most important speech platforms” in the United States and stated that there is no imminent threat to national security. They argued that delaying implementation would allow the Supreme Court to evaluate the law and allow time for President-elect Donald Trump’s incoming administration to reconsider it.
The companies also argued that the law “shut downs one of America’s most popular speech platforms” one day before the president’s inauguration. Trump, who unsuccessfully tried to ban TikTok in 2020, has since reversed his stance and promised to save the app during his current election campaign.
On Monday, Trump was asked at a news conference what steps he would take to prevent the ban. “I have a warm spot in my heart for TikTok,” he replied, adding that he would “take a look” at the matter.
TikTok and ByteDance asked the Supreme Court to issue a decision by January 6 to allow time for “the complex task of shutting down TikTok” in the United States, if necessary, and to coordinate with service providers.
TikTok spokesman Michael Hughes said after the filing that the court was asked to “apply the strictest scrutiny to the speech ban and conclude that the law violates the First Amendment.”
The D.C. Circuit Court’s previous ruling noted that “the First Amendment exists to protect freedom of expression in the United States.” He further stated that the government’s actions were intended to limit a foreign adversary’s ability to collect data on American citizens.
Under the law, certain services will be blocked on TikTok and other apps controlled by foreign adversaries, including their availability in app stores run by Apple and Google. This implementation will effectively prevent the continued use of TikTok in the United States unless ByteDance withdraws the app by the deadline.
This case comes amid escalating trade tensions between China and the United States. Observers point out that a ban on TikTok could pave the way for similar measures against other foreign-owned apps. In 2020, a US ban on WeChat, owned by Tencent, was attempted, but was blocked by the courts.