On Monday, TikTok asked a federal appeals court to prevent the Biden administration from enforcing a law that could lead to a ban on the platform until the Supreme Court has the chance to review its challenge.
The request followed a ruling last week by a three-judge panel of the same court, which sided with the government and upheld the constitutionality of the law. This law mandates that ByteDance, TikTok’s China-based parent company, divest its stake in the platform or face a ban.
TikTok and ByteDance, both plaintiffs in the case, argue that if the law stands, TikTok could shut down by January 19, 2025, affecting over 170 million American users.
TikTok’s attorneys stated that even a brief shutdown would cause the platform to lose about a third of its U.S. users, 29% of its global advertising revenue, and key talent as employees seek other opportunities.
In their filing, the companies emphasized that the Supreme Court should review the case before any shutdown occurs, as it raises important issues regarding national security and government regulation of social media platforms.
While it remains unclear whether the Supreme Court will take up the case, legal experts suggest the justices are likely to get involved due to the unprecedented nature of the case.
The companies also pointed out that a delay would allow the incoming administration time to assess its position, potentially rendering the issue moot. They have asked the appeals court to rule on the request by December 16.
The Department of Justice has opposed the request, suggesting that a swift decision denying TikTok’s request would allow the Supreme Court more time to consider the case.
