Key Points
- TikTok and ByteDance filed an emergency request to the U.S. Supreme Court to block a looming ban.
- Congress passed the law citing national security risks, requiring ByteDance to divest TikTok by January 19.
- President-elect Donald Trump, who will take office on January 20, promised to evaluate the situation and support TikTok.
- The Supreme Court is expected to decide on TikTok’s request by January 6.
TikTok and its parent company, ByteDance, have filed an emergency request to the U.S. Supreme Court to block a law requiring the app’s divestment by January 19 or face a nationwide ban. This urgent appeal comes as TikTok, which serves 170 million American users, fights to remain operational while challenging the law’s constitutionality. A separate group of U.S.-based TikTok users also filed a similar request.
Congress passed the law in April, citing national security concerns over TikTok’s ability to access and potentially misuse vast amounts of American user data, such as locations and private messages. The U.S. Department of Justice argued that TikTok, as a Chinese-owned entity, poses an immense security threat and could covertly manipulate content consumed by Americans. Earlier this month, the U.S. Court of Appeals for the D.C. Circuit rejected TikTok’s claims that the law violates First Amendment free speech protections.
In their Supreme Court filing, TikTok and ByteDance countered that the First Amendment entrusts Americans with the freedom to choose their platforms for speech, even when informed of alleged risks. The companies argued that shutting down TikTok for even a month would lose one-third of its U.S. user base, jeopardizing its appeal to advertisers, creators, and talent. Calling TikTok a vital speech platform, they urged the Court to delay enforcement and allow a thorough legal review.
The situation is further complicated by the incoming administration of President-elect Donald Trump, who takes office on January 20, one day after the law’s deadline. Trump, who unsuccessfully attempted to ban TikTok in 2020, has since reversed his position and expressed support for the platform. At a press conference, Trump acknowledged his “warm spot” for TikTok and pledged to evaluate the matter. A meeting between Trump and TikTok CEO Shou Zi Chew reportedly took place in Florida on Monday.
The Supreme Court has been asked to decide by January 6, allowing TikTok enough time to coordinate its potential shutdown if the appeal fails. The dispute reflects escalating tensions between the U.S. and China, with concerns growing over foreign-owned apps’ influence and data access.
