WASHINGTON — TikTok has urgently requested that the Supreme Court intervene to halt a federal law aiming to prohibit the widely used app in the U.S. unless its China-based parent company, ByteDance, agrees to divest. This call for intervention comes ahead of the law’s impending deadline on January 19. The company’s legal representatives, along with various content creators who depend on TikTok for their livelihoods, are advocating for swift action from the justices.
The lawyers representing TikTok and ByteDance emphasized to the Supreme Court that a brief delay in enforcing the law would allow for a thorough review and for the new Administration to assess the situation. They asserted that this delay is essential to preserve a crucial means of communication for Americans, both domestically and around the globe, before the platform is potentially shut down.
President-elect Donald Trump, who had previously shown support for a TikTok ban, unexpectedly pledged during his campaign to “save TikTok.” He conveyed his affection for the app in a recent news conference at his Mar-a-Lago estate in Florida, highlighting its effectiveness in reaching younger voters who typically have lower political engagement.
On Monday, Trump met with TikTok CEO Shou Zi Chew at the Mar-a-Lago club, as reported by individuals familiar with the meeting who spoke on condition of anonymity due to restrictions on public disclosures regarding the president-elect’s schedule.
According to the companies, the potential shutdown of TikTok for just one month could result in losing approximately one-third of its U.S. daily users and a considerable decline in advertising revenue. This legal situation may garner the Supreme Court’s attention, as it juxtaposes free speech rights with government claims of national security, while also raising new questions about the regulation of social media platforms.
The Chief Justice, John Roberts, will initially review the request since he manages emergency appeals from the courts situated in the capital. It is likely that he will consult with all nine justices regarding the case.
On Friday, a panel of federal judges with the U.S. Court of Appeals for the District of Columbia Circuit rejected an urgent request to block the law, enabling the issue to reach the Supreme Court. Previously, the same panel had upheld the law unanimously against a First Amendment challenge that argued it infringed on free speech rights.
In the absence of a court-ordered injunction, the new law is set to take effect on January 19, which could subject app stores providing TikTok and the internet hosting services supporting it to potential penalties. Enforcement responsibilities would fall to the Justice Department, which would investigate violations and impose sanctions. However, TikTok and ByteDance’s attorneys maintain that Trump’s Justice Department may choose to delay enforcement or mitigate the harshest effects of the law, with Trump assuming office the day after the law goes into effect.
The Supreme Court might choose to temporarily suspend the law to allow for a more comprehensive examination of First Amendment concerns and additional issues. Alternatively, the court could quickly arrange hearings and work towards delivering a verdict by the law’s enforcement date. If the emergency appeal is rejected, the law would become effective as planned.
In light of the potential for adverse outcomes, the legal teams representing the companies have requested a decision on their emergency motion by January 6, noting they would require sufficient time to work with their service providers on the intricate process of disabling TikTok services in the U.S.
This legal matter has progressed swiftly through the judicial system following bipartisan support in Congress, culminating in President Joe Biden’s signing of the law in April.
