TikTok has made a significant move in an attempt to remain operational in the United States, appealing to the Supreme Court on Monday to issue a temporary halt on a law that mandates its parent company, ByteDance, to divest the app by January 19 or face a potential ban.
The emergency request was filed by TikTok and ByteDance to block the impending ban affecting the social media platform, which boasts around 170 million American users. This comes in light of a decision from a lower court that upheld the law. Additionally, a group of U.S. TikTok users also submitted a similar plea to the Supreme Court on the same day.
This legislative measure was passed by Congress in April. The Justice Department has expressed concerns, labeling TikTok, due to its Chinese ownership, as a significant national security threat given its access to vast datasets of American users, which includes location information and private messages, as well as its capability to alter content viewed by users.
The U.S. Court of Appeals for the District of Columbia Circuit dismissed TikTok’s claims on December 6 that the law infringes on First Amendment free speech rights.
In their submission to the Supreme Court, TikTok and ByteDance argued that Americans have the right to make informed choices about their use of TikTok. They emphasized that if users continue to engage with the app, fully aware of the purported risks, they should be allowed to do so without interference from the government.
“Should the D.C. Circuit’s ruling remain intact, Congress would be granted the authority to silence any American voice merely by asserting that it may be influenced by a foreign entity,” they contended.
TikTok and ByteDance warned that a ban lasting even one month could result in a loss of approximately one-third of its U.S. user base, which would jeopardize its ability to attract advertisers, content creators, and staff.
Identifying itself as one of the foremost platforms for free expression in the U.S., TikTok has maintained that there is no imminent national security threat. They argue that postponing the law’s enforcement would permit the Supreme Court to scrutinize the legality of the ban, while also allowing President-elect Donald Trump’s incoming administration to review the law.
Trump, who attempted to impose a ban on TikTok during his first term in 2020, has since shifted his position, promising during his current campaign to assist in preserving TikTok’s operations. He is set to assume office on January 20, the day after the law’s imposed deadline.
The companies highlighted in their brief that enforcing the law would effectively shut down a major speech platform just before a presidential inauguration and described the law as extraordinary for targeting a platform used by half the American population.
During a press conference on Monday, Trump expressed his affection for TikTok, stating he would “take a look” at the situation to prevent a ban.
According to sources, Trump met with TikTok CEO Shou Zi Chew in Florida on Monday, although TikTok has not yet commented on this meeting.
TikTok and ByteDance have urged the Supreme Court to make a determination on their request by January 6. They argue that a timely ruling is necessary to facilitate the logistical challenges of shutting down TikTok should their appeal be denied.
This legal battle unfolds against a backdrop of escalating trade tensions between the United States and China, the two largest economies in the world.
Rigorous Scrutiny
TikTok has consistently denied any allegations of sharing user data with the Chinese government, asserting that U.S. lawmakers are propagating unsubstantiated fears.
After submitting the emergency plea, TikTok spokesperson Michael Hughes stated that they are requesting the court to uphold its historical standard of applying stringent scrutiny to any speech-related bans, arguing that the law violates First Amendment rights.
The D.C. Circuit’s ruling noted that the First Amendment is designed to safeguard free speech in the United States. It concluded that the government’s actions were aimed solely at protecting this freedom from threats posed by foreign adversaries and limiting their access to personal data of individuals in the U.S.
The legislative measure seeks to prohibit the provision of specific services to TikTok and other apps controlled by foreign adversaries, including their removal from prominent app stores like Apple and Google’s, effectively threatening TikTok’s continued existence in the U.S. unless ByteDance acts by the specified deadline.
Such a ban may also pave the way for possible future actions against other foreign-owned applications. In 2020, an attempt made by Trump to ban the app WeChat, owned by Tencent in China, was blocked by the courts.
© Thomson Reuters 2024
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