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A federal appeals court on Friday left in place a mid-January deadline in a federal law requiring TikTok to be sold or face a ban in the United States, rejecting a request by the company to stay implementation until the Supreme Court reviews its challenge of the statute.
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Lawyers for TikTok and its China-based parent company ByteDance are expected to appeal to the Supreme Court.
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It’s unclear whether the nation’s highest court will take up the case, though some legal experts said they expect the justices will have their say because of the kinds of new questions it raises about social media, national security and the First Amendment. TikTok is also looking for a potential lifeline from President-elect Donald Trump, who promised to “save” the short-form video platform during the presidential campaign.
Lawyers for TikTok and ByteDance had requested the injunction after a three-judge panel of the US Court of Appeals for the District of Columbia Circuit sided with the US government and rejected their challenge to the law.
The law, signed by President Joe Biden earlier this year, requires ByteDance to sell TikTok to an approved buyer due to national security concerns or face a ban in the United States.
The United States said it views TikTok as a national security risk because Chinese authorities could force ByteDance to hand over US user data or manipulate content on the platform for Beijing’s benefit. TikTok has denied the allegations and said the government’s case is based on hypothetical future risks rather than proven facts.
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In the filing last week, lawyers for TikTok and ByteDance asked for a “modest delay” in enforcement so the Supreme Court can review the case and the incoming Trump administration can “decide where it stands” on the matter.
If the law is not repealed, the two companies said the popular app will be shut down by January 19, just one day before Trump takes office again. The companies said more than 170 million US users will be affected.
The Justice Department opposed TikTok’s request for a pause, saying in a court filing last week that the parties had already proposed a timeline “designed for the specific purpose” of allowing the Supreme Court to review the law before it takes effect.
The Court of Appeal issued its ruling on December 6 on the matter in line with that timeline, the Justice Department document said.
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