TikTok has made a final push to continue its operations in the United States, asking the U.S. Supreme Court to temporarily block a law that demands ByteDance, the Chinese parent company of TikTok, divest from the short-video app by January 19 or face a nationwide ban.
This latest request comes as TikTok and ByteDance appeal a lower court ruling that upheld the law, which critics argue infringes on free speech rights.
On December 6, the U.S. Court of Appeals for the District of Columbia Circuit rejected arguments by TikTok and its users, asserting that the law does not violate the Constitution’s First Amendment.
Free speech advocates, including the American Civil Liberties Union (ACLU), voiced strong objections to the decision, calling it a threat to digital freedoms.
The law, passed by Congress in April, was framed as a national security measure in response to growing concerns over TikTok’s ties to China.
The U.S. government claims TikTok poses significant risks by collecting vast amounts of personal data from American users, such as location and private communications, and potentially using its platform to influence public opinion.
If the Supreme Court does not intervene, TikTok could face a ban that would substantially diminish its value, negatively impacting its parent company, ByteDance, its investors, and businesses that rely on TikTok to drive sales.
TikTok, which boasts a user base of approximately 170 million Americans, has contended that an immediate national security threat does not back the law’s enforcement.
In its legal filings, the company emphasised that delaying the ban would allow the Supreme Court to consider the law’s constitutionality and allow the incoming administration under President-elect Donald Trump to assess the situation.
Notably, Trump shifted from trying to ban TikTok in 2020 to pledging in his 2024 campaign to support the app’s continued operation.
In its ruling, the D.C. Circuit defended the law, asserting that the government’s actions were designed to protect U.S. citizens from a foreign adversary and not to limit free speech.
TikTok, however, has consistently denied allegations that it shares U.S. user data with the Chinese government and describes the potential ban as a “radical departure” from America’s commitment to an open internet.
A temporary shutdown of TikTok would significantly harm the platform’s ability to retain its user base, attract advertisers, and recruit content creators and employees.
The company’s legal team has argued that the app is a critical space for free expression, especially for American users who have come to rely on it for both entertainment and business.
This legal battle comes amid heightened trade tensions between the U.S. and China. The Biden administration has imposed restrictions on Chinese semiconductors, and China has retaliated by curbing exports of key materials like gallium and germanium. The law, which targets TikTok and other apps controlled by foreign adversaries, could set a precedent for broader restrictions on international digital platforms.
The deadline to comply with the divestment order is fast approaching. If ByteDance does not sell TikTok by January 19, the law will block the app from operating in the U.S. The law also prohibits U.S. tech companies from offering services to apps controlled by foreign adversaries, such as distributing TikTok through app stores operated by Apple and Google.
While TikTok is actively challenging the law, its fate remains uncertain. The outcome of this case could have lasting implications for other foreign-owned digital platforms in the U.S. In 2020, former President Trump attempted to ban the Chinese-owned messaging app WeChat, also owned by Tencent, but was blocked by U.S. courts. This case could pave the way for future legal battles over digital platforms and national security concerns.
