WASHINGTON — TikTok has filed an emergency request with the Supreme Court to intervene against a federal law that mandates the banning of the platform in the United States unless its China-based parent company agrees to divest. This plea comes just ahead of the law’s enforcement date on January 19.
Legal representatives for TikTok and ByteDance have urged the justices to consider the implications of the law, emphasizing the need for a delay to allow for a thorough review. They argued that a temporary reprieve would prevent a significant disruption to communication for millions of Americans who rely on TikTok for connection and income.
Political Reactions
President-elect Donald Trump, who has expressed support for TikTok, stated that his administration would assess the situation. During a recent news conference, he acknowledged his positive sentiments toward the platform, noting its potential in engaging younger voters.
According to the companies, a shutdown lasting just one month could lead to a loss of around one-third of TikTok’s daily users in the U.S., along with a substantial decrease in advertising revenue.
The case raises significant questions about free speech rights juxtaposed with national security concerns, attracting the attention of the Supreme Court. The initial request has been directed to Chief Justice John Roberts, who is anticipated to consult the entire Court regarding this matter.
Legal Developments
Recently, a federal appeals court panel denied an emergency request to block the law, facilitating the case’s progression to the Supreme Court level. The same panel previously upheld the law against challenges pertaining to the First Amendment, stating that it does not infringe upon free speech rights.
Should the law go into effect, app stores offering TikTok and the internet hosting services supporting it may face potential penalties. The Justice Department would be responsible for enforcement, although TikTok and ByteDance’s legal teams argue that the incoming administration might bring a different approach to enforcement efforts.
The Supreme Court has the option to temporarily pause the law, allowing more time for deliberation on First Amendment implications, or quickly arrange hearings that could lead to a ruling before the January deadline. Conversely, they may deny the emergency request, which would permit the law to take effect as planned.
With the urgency of the situation, TikTok’s legal team has requested a ruling by January 6, allowing adequate time to manage the complex process of discontinuing the platform within the United States if necessary.
This case follows a swift journey through the courts, propelled by bipartisan support in Congress and President Biden’s approval of the law in April.
