TikTok is making a pivotal move in its efforts to maintain operations in the United States, requesting the Supreme Court to issue a temporary injunction against a new law that mandates its parent company, ByteDance, to divest the popular short-video app by January 19 or face a ban.
The emergency request for an injunction was filed by TikTok and ByteDance in order to halt the impending ban on the platform, which is widely used by approximately 170 million Americans. This request comes in the wake of an unfavorable ruling from a lower court that upheld the legality of the law. Additionally, a collective of U.S. users of TikTok submitted a similar request on the same day.
Congress enacted the law in April, and the Justice Department has expressed concerns, citing TikTok as a “national-security threat of immense depth and scale” due to its access to substantial data on American users, including their locations and private communications. The department has also raised alarms about the potential for the app to covertly manipulate the content viewed by its users.
On December 6, the U.S. Court of Appeals for the District of Columbia Circuit dismissed TikTok’s claims that the law infringes upon First Amendment rights concerning free speech.
In the Supreme Court filing, TikTok and ByteDance articulated that the First Amendment protects Americans’ rights to choose what content to view on TikTok, provided they are informed of any alleged risks associated with “covert” content manipulation. They argued that if the lower court’s ruling is upheld, Congress could justifiably prohibit any speech from foreign entities based on perceived risks.
The companies warned that a suspension lasting even one month could result in a loss of one-third of TikTok’s U.S. user base, negatively impacting its appeal to advertisers and hindering its recruitment efforts for content creators and staff.
TikTok contends that it serves as one of the most significant platforms for free expression in the U.S. and asserts that there is no immediate risk to national security. They argue that delaying the enforcement of the law would provide the Supreme Court with the time needed to examine the legality of the ban, as well as allow President-elect Donald Trump’s incoming administration the opportunity to reassess the legislation.
Trump, who attempted to impose a ban on TikTok during his previous presidency in 2020, has since changed his position and pledged during the current presidential campaign to support the app’s continuation. He is set to take office on January 20, just one day after the law’s divestment deadline.
The companies highlighted that banning one of the country’s most popular speech platforms a day before a presidential inauguration is unprecedented. They labeled the legislation as “extraordinary” for singling out and attempting to ban a platform that half of Americans utilize.
During a press conference on Monday, Trump noted his favorable view of TikTok and indicated that he would “take a look” at the situation regarding a potential ban.
Reports indicate that Trump was scheduled to meet with TikTok CEO Shou Zi Chew in Florida on Monday. TikTok has not yet provided a comment regarding the meeting.
TikTok and ByteDance urged the Supreme Court to reach a decision on their request by January 6, which would allow for the necessary preparations should the request be denied and TikTok needs to be shut down in the U.S. by the law’s deadline.
This legal battle is unfolding amidst intensifying trade tensions between the United States and China, the world’s leading economies.
Increased Scrutiny
TikTok has consistently refuted claims of sharing U.S. user data, accusing lawmakers of perpetuating unfounded fears.
TikTok spokesperson Michael Hughes emphasized post-filing that the organization is seeking rigorous judicial review of speech restrictions, which he believes violate the First Amendment.
The D.C. Circuit’s ruling had stipulations indicating that the First Amendment is designed to protect free speech in the United States, stating that government actions should aim to guard freedom rather than restrict it in the face of foreign adversaries seeking to gather data on Americans.
The law would prohibit TikTok and similar apps controlled by foreign adversaries from receiving specific services, including distribution via major app stores like Apple and Google, effectively halting its use unless ByteDance complies by divesting the platform before the deadline.
A potential ban could set the stage for further crackdowns on other foreign-owned applications in the future. In 2020, Trump sought to ban WeChat, which is owned by Tencent, but the courts blocked that effort.
© Thomson Reuters 2024
(This story has not been edited by NDTV staff and is auto-generated from a syndicated feed.)
