TikTok has taken its legal battle against a U.S. ban to the Supreme Court, seeking an emergency ruling to block a law that could force the platform’s shutdown on January 19, 2025. 

The law, upheld earlier this month by the U.S. Appeals Court, requires TikTok’s parent company, ByteDance, to divest its U.S. operations or face a nationwide ban due to concerns about national security. TikTok described the legislation as "censorship" and warned of significant consequences if the ban is enforced.

National security concerns drive U.S. ban efforts

The Protecting Americans from Foreign Adversary Controlled Applications Act, signed into law by President Joe Biden in April, aims to address national security threats tied to TikTok’s Chinese ownership. U.S. lawmakers and intelligence officials claims ByteDance’s ties to the Chinese government could allow unauthorized access to American user data. 

Under the law, ByteDance is required to sell the app or face a ban from the U.S. app stores. TikTok has denied these allegations and emphasized its commitment to protecting user data. The company stated that it has implemented robust security measures.

TikTok’s arguments against the ban

ByteDance argues the ruling is unconstitutional. It claims it violates TikTok’s First Amendment rights and those of its 170 million American users. TikTok says the ban would unjustly silence its users and harm its business. It stated in its filing:
"The Act will shutter one of America’s most popular speech platforms the day before a presidential inauguration. This, in turn, will silence the speech of Applicants and the many Americans who use the platform to communicate about politics, commerce, arts, and other matters of public concern." “Even if the ban later lifts, a temporary shutdown will irreparably harm Applicants in several ways.” the platform added.

The company also warned that a temporary shutdown could cause irreversible damage, including the loss of one-third of its U.S. user base and creator engagement. “If the platform becomes unavailable on January 19, TikTok will lose its users and creators in the United States.”

TikTok also argued that the ban would cause it to lose advertisers and business partners. “This will result in an enormous loss of revenue during the shutdown, as well as reverberating harms to TikTok’s relationships and competitive position with commercial partners and advertisers.” The platform said, “Even a one-month shutdown would result in a 29% loss of total targeted global advertising revenue for 2025.”

Next steps in the legal battle

TikTok has urged the Supreme Court to decide by January 6, giving the company enough time to coordinate a shutdown with service providers if the ban is upheld. 

The case highlights ongoing tensions between the U.S. government and Chinese-owned tech platforms. During his presidency, Donald Trump unsuccessfully attempted to ban TikTok, citing similar concerns. However, Trump recently criticized the potential TikTok ban. He said banning the app could monopolize social media platforms like Facebook and Instagram.

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