TikTok asked a federal appeals court on Monday to block the Biden administration from implementing a law that could lead to a ban on the popular platform until the Supreme Court reviews its challenge to the law.
The legal request was made after a three-judge panel of the same court sided with the government last week and ruled that the law, which requires TikTok’s China-based parent company ByteDance to divest its stakes in the social media company or face a ban, was constitutional.
If the law is not repealed, both TikTok and its parent company ByteDance, which is also a plaintiff in the case, have claimed that the popular app will be shut down by January 19, 2025. TikTok has more than 170 million US users who will be affected, the companies said.
In their legal filing on Monday, lawyers for the two companies wrote that even if the shutdown lasts one month, it would result in TikTok losing about a third of its daily users in the United States.
The company will also lose 29% of next year’s total “global targeted” advertising revenue as well as talent because current and potential employees will look for jobs elsewhere, they wrote.
“Before that happens, the Supreme Court must have an opportunity, as the only court with appellate authority over this action, to decide whether to review this exceptionally important case,” the lawsuit said.
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It is not clear whether the Supreme Court will hear the case. But some legal experts said the justices are likely to intervene in the case because it raises new issues about social media platforms and how far the government will go in its stated goals of protecting national security.
President-elect Donald Trump, who tried to ban TikTok the last time he was in the White House, said he now opposes such action.
In their legal filing, the companies cited political realities, saying an injunction would provide a “modest delay” that would give “the incoming administration time to determine its position — which could discuss the impending harms and the need for a higher resolution.” Court review.”
Lawyers for both companies are asking the Court of Appeal to decide on the request to stay the implementation by December 16. The Justice Department said in a court filing on Monday that it would oppose the request.
& Edition 2024 The Canadian Press
