On Monday, TikTok formally requested that a federal appeals court prevent the Biden administration from enforcing a law that could potentially lead to a ban on the app. This request comes as TikTok awaits a review from the Supreme Court regarding its challenge to said law.
Last week, a three-judge panel from the same appeals court ruled in favor of the government, declaring that the legislation was constitutional. According to this law, TikTok must either divest from its parent company based in China or risk facing a ban as early as next month.
Should this law remain in effect, both TikTok and its parent company, ByteDance, which is also a plaintiff in the case, have indicated that TikTok could be forced to shut down by January 19, 2025. They noted that the app serves over 170 million users in the U.S., all of whom would be significantly impacted.
In their legal argument, attorneys for TikTok and ByteDance emphasized that even a brief shutdown of just one month could result in a loss of about one-third of TikTok’s daily users in America. Furthermore, this shutdown would likely diminish their estimated global advertising revenue by nearly 29% for the coming year, alongside the potential loss of talent as both current and prospective employees may seek opportunities elsewhere.
The legal filing stressed the importance of allowing the Supreme Court to review the case, stating, “Before that happens, the Supreme Court should have an opportunity, as the only court with appellate jurisdiction over this action, to decide whether to review this exceptionally important case.”
While it remains undetermined whether the Supreme Court will take on this case, legal analysts suggest there is a strong possibility due to the significant issues it presents regarding social media platforms and the extent of government authority in the name of national security.
Interestingly, former President Donald Trump, who previously attempted to impose a ban on TikTok during his presidency, has now expressed opposition to such actions.
In their motion, TikTok and ByteDance highlighted the political implications of their request for an injunction. They argued that a temporary pause could provide the incoming administration the necessary time to assess its position, potentially alleviating the imminent threats posed by the law and reducing the urgency for Supreme Court intervention.
