On Friday, the U.S. Court of Appeals for the District of Columbia Circuit rejected an emergency request from TikTok to halt enforcement of the ban, leaving the company with no choice but to refer the matter to the Supreme Court.
TikTok and ByteDance argued in their emergency motion that the immediate implementation of the law would “cripple TikTok, one of the nation’s most popular opinion platforms for over 170 million monthly U.S. users.” However, the appeals court ruled that TikTok and ByteDance failed to provide a precedent for the court to block Congress’ law while they await Supreme Court review.
Following the ruling, TikTok reiterated its intention to sue the Supreme Court. A spokesperson said, “We intend to show that this law violates the rights of millions of Americans who use TikTok as a platform for free speech and creative expression.” TikTok is now facing one of its most critical moments in the United States. The clock is ticking toward Jan. 19, 2025, the deadline by which Chinese parent company ByteDance must sell the app or face a nationwide ban.
The controversial app must convince the Supreme Court to intervene in a potentially landmark case that balances free speech protections with national security concerns.
The legislation forcing ByteDance to sell TikTok stems from the US government’s national security concerns. The Justice Department argues that ByteDance’s ownership poses a “persistent threat” to US privacy and national security. TikTok argues that it could be forced by Chinese authorities to share user data and manipulate content to influence public opinion.
TikTok has defended itself, arguing that these concerns are unfounded. The company points to the strict measures it has taken to protect its US operations, including storing US user data on servers operated by Oracle in the US and ensuring that all content moderation for US users takes place domestically. ByteDance maintains that TikTok operates as an independent company free from Chinese government influence.
Despite these assurances, US lawmakers and officials remain skeptical and have passed legislation to support their cause. The law gives the federal government broad powers to ban foreign apps it believes may pose a security risk. A forced sale or ban of TikTok is expected to set a precedent for how such concerns will be handled in the future.