TikTok and its Chinese parent company have asked the U.S. Supreme Court to block a government ban that is set to take effect next month, making a belated attempt to keep the social media platform operating in a market with more than 170 million users.
The emergency order comes after a federal appeals court upheld a new law that bans TikTok in the US if its parent company doesn’t sell the app by January 19.
The three-judge panel upheld TikTok’s free speech claims, saying Congress was acting legitimately to protect national security and users’ privacy.
Unless the Supreme Court intervenes, the ban will go into effect the day before President-elect Donald Trump is inaugurated.
Because the Justice Department is charged with enforcing the law, Trump’s position could also affect how the ban plays out in practice after January 20.
Trump said on Monday (16) that he would consider reversing the strict approach he took towards the app when he was president in 2020.
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“Let’s take a look at TikTok. You know, I have a special affection for TikTok,” Trump said during a news conference at Mar-a-Lago, attributing Republicans’ gains among young voters to the platform. “TikTok has had an impact, so we’re looking at that.”
TikTok and its parent company ByteDance asked the Supreme Court to act until January 6th.
“It would be in no one’s interest — not the parties, not the public, not the courts — for the act’s ban on TikTok to go into effect only for the new administration to stop its enforcement hours, days or even weeks later,” argued the TikTok.
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In its Dec. 6 ruling, the U.S. Court of Appeals for the D.C. Circuit rejected claims from TikTok, ByteDance and a group of content creators.
They argued that Congress violated the First Amendment of the Constitution by singling out the company.
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