TikTok and its parent company, ByteDance, have filed an emergency appeal with the United States Supreme Court as a last-ditch attempt to fight a ban.
A coming rule that will prohibit the short-video app in the United States unless ByteDance divests its shares by January 19, 2025.
The law, which was passed in April, poses a substantial hurdle to TikTok’s 170 million US customers and its future operations.
The Basis for TikTok’s Appeal
TikTok argues the law:
- Violates the First Amendment: The business claims shutting down a platform used by half of the American population is an unprecedented infringement on free expression.
- Threatens Irreparable Harm: TikTok believes even a one-month suspension would result in the loss of one-third of its US user base, reducing its value to marketers, content makers and celebrities.
The company’s filing stated:
“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.”
TikTok’s emergency request comes after the DC Circuit Court rejected its appeal earlier this month, upholding the rule as a precaution against alleged national security threats.
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Government’s National Security Concerns
The US Justice Department has stated that TikTok’s ties to China-based ByteDance pose a “national-security threat of immense depth and scale” due to the app’s potential to collect massive quantities of user data and influence content in the United States.
However, TikTok maintains these concerns are speculative, with spokesperson Michael Hughes emphasizing:
“We are asking the court to do what it has traditionally done in free speech cases: apply the most rigorous scrutiny to speech bans and conclude that it violates the First Amendment.”
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The Supreme Court’s Role and TikTok’s Deadline
TikTok has asked the Supreme Court to rule on its emergency plea by January 6, to allow for an orderly shutdown if the appeal is denied.
Without court intervention, the app would be removed from major app stores operated by Apple and Google on January 19.
- Service Disruption: The US Department of Justice acknowledged that current TikTok users will not be instantly prevented from using the program. However, a lack of maintenance and upgrades would eventually render TikTok worthless.
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Trump’s Position and Influence
President-elect Donald Trump has committed to prevent a TikTok ban, which he had wanted in 2020 but reversed during the 2024 election campaign.
Trump’s new administration may reconsider the rule after he takes office on January 20, 2025, one day after the divestment deadline.
Reports indicate Trump met with TikTok CEO Shou Zi Chew in Florida this week, with Trump stating:
“I have a warm spot in my heart for TikTok,” suggesting he may intervene.
Implications for the Tech Industry
This case has wide implications for other foreign-owned applications. In 2020, courts blocked Trump’s attempt to ban WeChat, raising questions about whether similar laws could target other apps in the future.
What’s Next?
- Supreme Court Decision: TikTok’s future depends on if the Supreme Court granted its motion to suspend the application of the ban.
- Congressional Pressure: Lawmakers continue to highlight national security issues and push for the divestiture of TikTok by ByteDance..
- Trump’s Influence: Trump’s authority to postpone or rescind the ban adds doubt to the platform’s future.
With millions of users, advertisers, and content creators awaiting a decision, the outcome of this case will set a precedent for digital platforms, free expression, and US-China tech ties.
