Washington, D.C. – TikTok Ban: TikTok has requested an emergency pause on a law set to ban the app nationwide next month, aiming to give the Supreme Court time to review the controversial legislation.
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The request, filed on Monday, follows the company’s recent loss in a federal appeals court, which upheld the measure that threatens to bar TikTok from operating in the United States beginning January 19, 2025. TikTok, which boasts over 170 million U.S. users, cited First Amendment concerns in its plea to the nation’s highest court.
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TikTok’s Argument for a Stay
A temporary halt of the ban would allow the Supreme Court to evaluate “this exceptionally important case,” TikTok stated in its filing. The company argued that the ban denies Americans access to a significant platform for public expression and was enacted based on unsubstantiated security fears.
The filing also noted that a pause would provide the incoming Trump administration time to consider its stance on TikTok. President-elect Donald Trump, who will be inaugurated a day after the law is set to take effect, has signaled his intent to reverse the ban.
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DOJ Opposes Emergency Injunction
The Department of Justice (DOJ) on Monday urged the court to reject TikTok’s request for an emergency injunction. While the DOJ plans to file a formal motion opposing TikTok’s plea later this week, its attorneys argued there was no need to delay the ban.
“The Court is familiar with the relevant facts and law and has definitively rejected petitioners’ constitutional claims,” DOJ attorneys wrote. They emphasized the national security concerns underpinning the legislation.
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Appeals Court Ruling Cites Security Risks
TikTok’s legal challenges stem from concerns raised about potential Chinese government access to U.S. user data. In a ruling on Friday, the U.S. Court of Appeals for the D.C. Circuit upheld the ban, citing “compelling national security interests.”
The court opinion noted previous instances of data misuse by the Chinese government and raised alarms about potential content manipulation through TikTok, a claim ByteDance, TikTok’s parent company, has denied.
Despite the concerns, cybersecurity experts have previously told media that there is little evidence TikTok has shared U.S. user data with the Chinese government or that such requests have been made.
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TikTok Responds to the Ban
TikTok, in a statement released on Monday, expressed confidence in the Supreme Court’s history of protecting free speech rights.
“The Supreme Court has an established historical record of protecting Americans’ right to free speech, and we expect they will do just that on this important constitutional issue,” the company said.
TikTok further criticized the law, calling it a product of “inaccurate, flawed and hypothetical information,” resulting in “outright censorship of the American people.”
What’s Next?
The Supreme Court’s decision on whether to grant a stay will determine if the ban proceeds as scheduled or undergoes further legal scrutiny. For now, TikTok faces the potential of a nationwide shutdown in a matter of weeks, with millions of users awaiting clarity on the app’s future.
