TikTok Appeals to Supreme Court as January 19 Ban Approaches

In a bid for survival in the United States, TikTok has asked the Supreme Court to intervene and block a law that mandates its Chinese parent company, ByteDance, to sell the app by January 19, or face a nationwide ban.

The popular social media platform, used by over 170 million Americans, has filed an emergency request for an injunction to prevent the impending ban, as it continues to appeal a ruling by a lower court that upheld the law. On Monday, a group of U.S. TikTok users also filed a similar appeal.

The law, passed by Congress in April, cites national security concerns. The Justice Department argues that as a Chinese-owned company, TikTok poses a “national-security threat” by collecting vast amounts of American user data, including location and private messages, and the potential for manipulating content viewed by U.S. users.

On December 6, the U.S. Court of Appeals for the District of Columbia Circuit rejected TikTok’s claims that the law infringes upon free speech rights protected by the U.S. Constitution’s First Amendment.

In their filing to the Supreme Court, TikTok and ByteDance argue that “if Americans are aware of the risks of ‘covert’ content manipulation and continue using TikTok, the First Amendment allows them to make that choice without government censorship.” They further warn that if the D.C. Circuit ruling stands, it would set a dangerous precedent allowing Congress to ban any form of speech deemed influenced by a foreign entity.

The companies argue that even a temporary closure would severely harm TikTok, leading to a loss of about a third of its U.S. user base, along with a significant drop in advertising revenue, content creators, and employee talent.

TikTok has emphasized that it is one of the “most important speech platforms” in the U.S. and insists there is no immediate threat to national security. They also argue that a delay would give the Supreme Court more time to review the case and allow the incoming administration of President-elect Donald Trump to assess the law.

Trump, who attempted to ban TikTok during his first term in 2020, has since reversed his position and vowed to protect the app during his campaign. He takes office on January 20, just a day after the TikTok deadline.

The companies have requested that the Supreme Court rule on their emergency request by January 6, to allow adequate time for coordination with service providers in the event the court does not grant the injunction.

The case highlights the ongoing tensions between China and the United States, the world’s two largest economies.

TikTok Defends Its Privacy Practices

TikTok has strongly denied allegations that it shares U.S. user data with the Chinese government, calling the concerns speculative and politically motivated. A spokesperson for the company, Michael Hughes, stated, “We are asking the court to apply the strictest scrutiny to speech bans, as it has in past free speech cases, and conclude that this law violates the First Amendment.”

The D.C. Circuit ruling stated that while the First Amendment protects free speech, the government has theFirstAmendment right to intervene when a foreign adversary poses a threat by collecting data on American citizens.

A TikTok ban would severely impact ByteDance’s valuation and harm U.S. businesses that rely on the platform to drive sales.

The law prohibits services from offering TikTok and other foreign adversary-controlled apps through platforms like Apple’s App Store and Google’s Play Store, effectively blocking TikTok’s continued operation in the U.S. unless ByteDance complies by divesting the app.

The potential ban could signal further restrictions on other foreign-owned apps. In 2020, Trump also attempted to ban the Chinese-owned app WeChat, but was stopped by the courts.