In a decisive move to avoid being shut down in the United States, TikTok filed an emergency request with the U.S. Supreme Court on Monday, asking for a temporary injunction to prevent the enforcement of a law requiring its Chinese parent company, ByteDance, to divest from the popular short-video app by January 19. This request comes after a December ruling by the U.S. Court of Appeals for the District of Columbia Circuit, which upheld the law despite TikTok’s arguments that it violated free speech protections.
The law, passed by Congress in April, mandates ByteDance’s divestiture or a ban on the app, citing national security concerns related to TikTok’s access to vast amounts of U.S. user data and the potential for covert content manipulation. TikTok, which boasts roughly 170 million American users, asserts that such actions would significantly harm its platform and infringe on First Amendment rights.
In their filing, TikTok and ByteDance argue that users should have the freedom to choose whether to continue using the app, despite the risks. “If Americans, fully aware of the risks, continue to use TikTok, it is their First Amendment right to make that choice, free from government interference,” the companies stated.
TikTok’s legal team warned that if the Supreme Court does not intervene, the platform could lose up to a third of its U.S. user base within a month, damaging its ability to attract advertisers, creators, and talent. The companies argue that this would not only harm TikTok’s operations but also deal a blow to freedom of expression in the U.S., calling TikTok one of the “most important speech platforms” in the country today.
The filing comes amid mounting tensions between the U.S. and China, with the government citing national security risks in its efforts to restrict Chinese-owned tech platforms. However, TikTok continues to deny any allegations of improper data-sharing, labeling the concerns as speculative and without merit.
This legal battle is particularly significant as it falls within the backdrop of the U.S. presidential election. President-elect Donald Trump, who previously attempted to ban TikTok during his first term, has expressed support for the app during his 2024 campaign. Trump’s stance reversal has added an unpredictable political dimension to the case, with TikTok urging the Court to delay enforcement until after the new administration takes office.
“TikTok has become an integral part of American culture, and banning it one day before a new president is sworn in would be unprecedented,” the companies stated, underlining the platform’s widespread use. Trump, who is set to take office on January 20, has already expressed his “warm spot” for TikTok and indicated that he would take action to prevent the ban.
If enforced, the law would effectively bar TikTok from app stores, halting its availability to American users unless ByteDance sells its stake in the company. TikTok and ByteDance are asking the Supreme Court to make a decision by January 6, allowing time to organize a potential shutdown if the request is denied.
The outcome of this case could set a significant precedent, not only for TikTok but also for other foreign-owned apps in the U.S. With similar efforts made to ban WeChat in 2020, the legal battle represents the growing scrutiny of Chinese tech companies operating in the U.S. and the increasing intersection of national security concerns with digital freedoms.
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