TikTok requests an emergency Supreme Court order to resist a US ban

 December 18, 2024

On Monday, TikTok submitted a request to the Supreme Court, requesting that it intervene on an urgent basis in order to block the federal statute that would prohibit the popular platform from operating in the United States unless its parent company, which is based in China, agreed to sell it.

Attorneys for the corporation and ByteDance, which is based in China, begged the justices to intervene before the deadline of January 19th, which was set by the law, as NBC News reported.

TikTok has more than 170 million users and content creators in the United States, and many of them have signed a similar petition. These individuals rely on the network for their revenue.

“A modest delay in enforcing the Act will create breathing room for this Court to conduct an orderly review and the new Administration to evaluate this matter — before this vital channel for Americans to communicate with their fellow citizens and the world is closed,” lawyers for the companies told the Supreme Court.

Trump's Take

Even though he campaigned on a promise to "save TikTok," then-President-elect Donald Trump said his administration would review the matter. Trump also previously supported a ban.

“As you know, I have a warm spot in my heart for TikTok,” Trump said during a news conference at his Mar-a-Lago club in Florida. His campaign saw the platform as a way to reach younger, less politically engaged voters.

According to two individuals who were not authorized to speak publicly about the president-elect's plans Trump was meeting with TikTok CEO Shou Zi Chew at Mar-a-Lago on Monday.

According to the companies, a suspension that lasts for only one month would result in TikTok losing approximately one-third of its daily users in the United States and substantial advertising revenue.

Case Details

The case has the potential to pique the court's interest due to its unique nature, which juxtaposes the government's stated objectives of safeguarding national security with the right to free speech. Additionally, it raises novel concerns regarding social media platforms.

The initial recipient of the request is Chief Justice John Roberts, who is responsible for emergency appeals from courts in the nation's capital. It is almost certain that he will solicit input from all nine justices.

A procedural ruling that permitted the case to proceed to the Supreme Court was issued on Friday by a panel of federal judges on the U.S. Court of Appeals for the District of Columbia Circuit, who denied an emergency petition to block the law.

The same panel had previously unanimously sustained the law in response to a First Amendment challenge that alleged it violated free speech rights.

Result of No Intervention

App stores that provide TikTok and internet hosting services that facilitate it would be subject to potential penalties if the law were to take effect on January 19th without a court-ordered freeze.

The Justice Department would be responsible for enforcing the law by conducting investigations into potential violations and pursuing sanctions.

However, attorneys for ByteDance and TikTok have contended that the Justice Department under Trump may suspend enforcement or otherwise attempt to alleviate the most grievous repercussions of the law. Trump takes office a day after the law goes into effect.

One possible solution would allow the justices may conduct a more thorough examination of the First Amendment and other matters, which would be the Supreme Court moving to create a provisionally suspension the law. Additionally, they could expedite the scheduling of arguments and endeavor to reach a decision by January 19.

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