TikTok Seeks Supreme Court Intervention to Block US Ban

TikTok and its China-based parent company ByteDance filed an emergency request to the Supreme Court on Monday, seeking to block a law that would force ByteDance to sell the popular video app by January 19 or face a US ban. A group of TikTok content creators filed a parallel request, arguing that even a temporary shutdown would cause permanent harm to creators and the public.

The social media platform, used by approximately 170 million Americans, requests an injunction while it appeals a December 6 ruling by the US Court of Appeals for the DC Circuit. That court upheld the law passed by Congress in April, stating that “the government acted solely to protect freedom from a foreign adversary nation and to limit that adversary’s ability to gather data on people in the United States.”

The Justice Department maintains that TikTok poses significant national security risks due to its access to extensive American user data, including locations and private messages, and its potential ability to manipulate content. TikTok has denied these allegations, with spokesperson Michael Hughes calling for courts to “apply the most rigorous scrutiny to speech bans.”

In their Supreme Court filing, TikTok and ByteDance argue that Americans should be free to make informed choices about using the platform. They warn that if the ruling stands, “Congress will have free rein to ban any American from speaking simply by identifying some risk that the speech is influenced by a foreign entity.” The companies say that a month-long shutdown would undermine their ability to retain advertisers, content creators, and talent.

The timing is particularly significant as TikTok CEO Shou Zi Chew met with President-elect Trump at Mar-a-Lago on Monday. Trump, who previously attempted to ban TikTok in 2020, has reversed his position and expressed interest in preserving the platform. At a press conference, Trump said he has “a warm spot in his heart for TikTok” and would examine the matter.

TikTok has requested a Supreme Court decision by January 6 to allow time for coordinating with service providers if the ban proceeds. The law would prevent app stores like Apple and Google from offering TikTok, effectively ending its US operations unless ByteDance divests by the deadline. This dispute unfolds as trade tensions grow between the United States and China. It can set a precedent for future regulation of foreign-owned platforms.

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