Last Resort to Avoid the Ban: TikTok Appeals to the U.S. Supreme Court

18th December 2024

2 minutes read

Last Resort to Avoid the Ban: TikTok Appeals to the U.S. Supreme Court

The TikTok application has turned to the U.S. Supreme Court as a last resort to continue its operations in the United States. It has requested a temporary block on a law that compels ByteDance, the Chinese parent company, to divest its short video application from the country by January 19 or face a ban.

TikTok and ByteDance filed an emergency request asking the justices to issue an injunction halting the imminent ban on the social media platform, which is used by around 170 million Americans, as they appeal a lower court ruling that upheld the law.

A group of U.S.-based TikTok users also filed a similar request on Monday, according to Reuters.

Congress passed the law in April, and the Department of Justice stated that TikTok, as a Chinese-owned company, poses a “broad national security threat” due to its access to massive amounts of user data, ranging from locations to private messages, and its alleged ability to secretly manipulate the content Americans see on the platform.

The U.S. Court of Appeals for the District of Columbia in Washington rejected TikTok‘s argument that the law violates First Amendment protections on freedom of expression under the U.S. Constitution.

In their petition to the Supreme Court, TikTok and ByteDance stated:

“If Americans, having been informed of the alleged risks of secret content manipulation, choose to continue watching content on TikTok with keen interest, the First Amendment empowers them to make that choice, without government oversight.”

The two companies added:

“If the District of Columbia Circuit’s contrary stance stands, Congress would be free to prevent any American from speaking by citing risks associated with foreign influence.”

They argued that even a one-month ban would result in TikTok losing approximately one-third of its U.S. users, undermining its ability to attract advertisers, hire content creators, and recruit talented employees.

Describing the platform as one of the “primary platforms for expression” in the United States, TikTok claimed there is no imminent threat to U.S. national security. They further argued that delaying the law’s enforcement would allow the Supreme Court to assess its legality and enable the incoming administration of President-elect Donald Trump to evaluate the law.

The two companies warned that the law:

“would shut down one of America’s most popular platforms for expression on the eve of the presidential inauguration.”