On Monday, TikTok filed a request with a federal appeals court to prevent the Biden administration from enforcing a law that might lead to the app’s ban until the Supreme Court has the chance to evaluate its challenge to the statute.
This move follows a ruling last week made by a panel of three judges from the same court, which supported the government’s position and deemed the law constitutional. This law mandates that TikTok’s parent company, ByteDance, based in China, must divest its stakes in the social media platform or face a shutdown.
Both TikTok and ByteDance, who are co-plaintiffs in this case, have stated that if the law is not revoked, TikTok could cease operations by January 19, 2025. They argue this would drastically impact more than 170 million users in the United States.
In their Monday filing, the legal representatives for TikTok and ByteDance noted that even a brief termination of operations, such as a month, could lead to a loss of approximately one-third of its daily users in the U.S. They also identified potential financial losses, estimating a 29% decline in targeted global advertising revenue for the following year, alongside the risk of losing talent, as both current employees and job seekers might look to other firms for opportunities.
The filing emphasized the significance of the Supreme Court’s involvement, stating, “Before that happens, the Supreme Court should have an opportunity to decide whether to review this exceptionally important case,” highlighting its appellate jurisdiction.
There remains uncertainty about whether the Supreme Court will decide to take on this case. Some legal commentators suggest it is probable they will intervene, given the unique issues it raises regarding social media regulation and the government’s extent in addressing national security concerns.
Interestingly, former President Donald Trump, who previously sought to ban TikTok during his administration, has now expressed opposition to such measures.
In their legal document, TikTok and ByteDance also addressed the political climate, noting that a court injunction could offer a “modest delay,” granting the incoming administration time to establish its stance, which could render both the potential damages and the Supreme Court’s review unnecessary.
The attorneys for TikTok and ByteDance are urging the appeals court to make a decision on their request for a pause in enforcement by December 16. Meanwhile, the Department of Justice indicated in their Monday court filing that they would oppose this request, suggesting that a swift denial of TikTok’s petition might allow the Supreme Court ample time to deliberate on the matter.