WASHINGTON – On December 16, TikTok filed an emergency request with the U.S. Supreme Court, seeking to temporarily block a law that mandates its parent company, ByteDance, to divest the short-video app by January 19, 2024, or face a ban in the United States.
The appeal comes after the U.S. Court of Appeals for the District of Columbia Circuit upheld the law, rejecting arguments from TikTok and its users that the law infringes on free speech. TikTok argues that the law, passed in April amid national security concerns, poses an existential threat to its operations in the U.S. without addressing any imminent security risk.
The law stems from allegations that TikTok, as a Chinese company, could be a security threat due to its access to data on American users, including private messages and location data. U.S. officials argue that the app could be used to manipulate content and collect personal information, thus posing a broader national security concern.
The law could dramatically devalue TikTok and hurt the businesses and influencers that rely on the platform. In legal filings, TikTok emphasized that it plays a crucial role in free speech, claiming that it allows millions of American users to create and view content freely. TikTok also contended that closing the app or enforcing the law prematurely could irreparably damage its platform.
The D.C. Circuit ruling did not side with TikTok’s argument and denied its emergency request to block enforcement. The court stated that the First Amendment protections do not extend to a foreign adversary seeking to access U.S. data. As a result, the U.S. government views the law as essential to safeguard national interests.
TikTok’s plea to the Supreme Court comes as its deadline looms. The company asserts that delaying the ban would provide time for the incoming Biden administration to review the law, as President-elect Donald Trump has expressed willingness to reassess the situation. Trump, who opposed a previous attempt to ban TikTok during his presidency in 2020, has stated his desire to protect the app from being shuttered.
The issue is part of a broader trade dispute between the U.S. and China, with growing tensions surrounding restrictions on Chinese tech companies. TikTok maintains that it would never share U.S. user data with the Chinese government and decries the law as a significant departure from America’s tradition of promoting an open Internet.
As the Supreme Court weighs the request, the future of TikTok in the U.S. hangs in the balance, with significant implications for the company, its users, and the broader geopolitical landscape.