Facing existential threats, TikTok has approached the Supreme Court. It seeks to block a law that requires ByteDance to divest the app by January 19.
TikTok and ByteDance appealed a lower court ruling supporting the law. This law, enacted in April, suggests TikTok poses national security risks due to data access and content manipulation.
On December 6, the US Court of Appeals dismissed TikTok’s claim that the law infringes on First Amendment rights. TikTok argues Americans should choose to use the app, aware of potential content issues, without government interference.
The companies warn that a shutdown could lose a third of its US users. This would greatly affect its advertising and ability to attract new creators and employees.
TikTok describes itself as crucial for free speech in the U.S. It sees no immediate national security threat. A delay would allow the Supreme Court to review the ban’s legality. It would also let the incoming administration of President-elect Donald Trump reassess the law. Trump, previously against TikTok, now pledges to save it.
The companies request a Supreme Court decision by January 6. This would potentially prepare them to shut down TikTok’s U.S. operations if necessary.
This dispute coincides with growing U.S.-China trade tensions. TikTok denies sharing U.S. user data and argues the ban restricts free speech based on speculative risks.
The D.C. Circuit supports the government’s stance. It states the law protects U.S. freedoms from foreign threats and limits data gathering on Americans.
The ban would devalue TikTok for ByteDance and its investors without an injunction. It would also hurt businesses using TikTok for marketing.
The law bars certain services to TikTok and apps controlled by foreign adversaries. This could lead to broader U.S. actions against other foreign-owned apps.
