In a last-ditch effort to continue operating in the US, TikTok is asking the Supreme Court to temporarily block legislation that would force ByteDance, its Chinese-based parent company, to divest from TikTok by January 19 or face a ban, Reuters reported.
Accordingly, on December 16 (local time), TikTok and ByteDance filed an emergency petition with the US Supreme Court to request a temporary injunction to temporarily halt the implementation of the law banning this social network with about 170 million users in the US. TikTok also objected to the ruling made by a lower court earlier.
In April, the US Justice Department assessed that TikTok, as a Chinese company, posed a “national security threat of profound and enormous scale” because of its access to vast amounts of US user data, from location to private messages, and the ability to secretly manipulate the content Americans viewed on the app.
On December 6, the US Court of Appeals for the District of Columbia Circuit in Washington rejected TikTok's argument that the law violated the right to free speech under the First Amendment of the US Constitution.
TikTok faces a ban in the US. (Photo: Reuters)
In a filing to the US Supreme Court on December 16, TikTok and ByteDance argued: "If Americans – who are fully informed of the alleged risks of 'hidden' content manipulation – choose to continue viewing content on TikTok with their eyes wide open, then the First Amendment affords them that choice, free from government censorship.
And if the District of Columbia Circuit's contrary ruling is upheld, Congress would have full authority to ban any American speech simply by determining some risk that the speech is influenced by a foreign entity."
The companies said a shutdown of even just a month would cost TikTok about a third of its US user base and undermine its ability to attract advertisers and recruit talented content creators and employees.
The platform, which has more than 170 million users in the US, asserted that there was no potential threat to US national security and that the delay in implementing the law would allow the Supreme Court to review the ban's legality, as well as the incoming administration of President-elect Donald Trump to evaluate the law.
Mr. Trump unsuccessfully tried to ban TikTok during his first term in 2020. He has since reversed his stance and pledged in this year's presidential race to try to save TikTok.
Mr. Trump takes office on January 20, 2024, one day after the deadline the law imposes on TikTok.
TikTok wants the US Supreme Court to make a decision before January 6, 2025.
The incident comes amid growing trade tensions between China and the US, the world's two largest economies.
In 2020, Mr. Trump tried to ban WeChat, owned by Chinese company Tencent, but was blocked by the courts.
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