TikTok has taken legal action by requesting a federal appeals court to prevent the Biden administration from enforcing a law that could potentially result in a ban on the popular social media platform until the Supreme Court reviews its challenge to the statute. This move comes after a panel of three judges on the same court recently ruled in favor of the government, deeming the law constitutional. The law mandates TikTok's China-based parent company, ByteDance, to divest its stakes in the social media company or face a ban.
If the law remains in effect, both TikTok and ByteDance have warned that the app could cease operations by January 19, 2025, impacting over 170 million American users. In a legal filing on Monday, attorneys for the companies highlighted the potential consequences of a shutdown, including a significant loss of daily users and a substantial decline in targeted global advertising revenue for the following year. They also noted the risk of losing talent as employees may seek opportunities elsewhere.
The legal filing emphasized the urgency for the Supreme Court to review the case, given its significant implications. While it remains uncertain whether the Supreme Court will take up the case, legal experts suggest that the novel issues raised by the matter, concerning social media platforms and national security, may prompt the justices to intervene.
Former President Donald Trump, who previously attempted to ban TikTok during his tenure, has expressed opposition to such actions. The companies' legal representatives pointed out the potential benefits of an injunction, suggesting that it could allow the incoming administration time to assess the situation and potentially avert the impending harms, thus potentially obviating the need for Supreme Court review.
The companies have requested the appeals court to make a decision on the enforcement pause by December 16. The Department of Justice has indicated its opposition to the request, proposing an expedited denial to provide the Supreme Court with more time to deliberate on the case.
