TikTok has filed a final appeal with the US Supreme Court in a last-ditch effort to block the implementation of a new US law that could force the platform’s Chinese parent company, ByteDance, to sell the popular video app or face a nationwide ban.
ByteDance and TikTok filed an emergency injunction request with judges on Monday, seeking to delay a divestment order scheduled to take effect on January 19. Without this relief, the companies warn they will be forced to close TikTok operations in the United States, depriving nearly 170 million American users of access to the platform.
The disputed law, which Congress passed in April, aims to address what US officials describe as a national security threat posed by TikTok’s Chinese ownership. Authorities allege that the vast trove of US user data, including location details, private messages, and the platform’s ability to influence what viewers see, could be exploited by foreign adversaries. The law forces ByteDance to divest TikTok by the deadline or face severe operational restrictions.
TikTok and ByteDance dismiss these security concerns, arguing that there is no imminent threat and that Americans should be free to continue using the app with “eyes wide open” to any risks. They contend that the law violates the First Amendment to the US Constitution, because it restricts freedom of expression by targeting one specific platform. A lower court in Washington, D.C., rejected those arguments earlier this month, prompting the appeal to the Supreme Court.
The companies warn that even a temporary closure would be devastating, causing the platform to lose about a third of its user base in the United States. They argue that a sudden shutdown would severely undermine TikTok’s appeal to advertisers, content creators and employees.
Notably, President-elect Donald Trump, who once tried to ban TikTok during his first term in 2020, has reversed his position and pledged to preserve the platform since his victory in the last election. He will take office on January 20 – just one day after the ban takes effect – which could open the door to a change in policy or new negotiations.
The proposed ban comes amid broader trade tensions between the United States and China. In their filing, TikTok and ByteDance warned that if the US government prevails, it could pave the way for future crackdowns on other foreign-owned apps. US courts blocked a similar attempt by Trump in 2020 to ban Tencent’s WeChat app.
In addition to TikTok’s request, a group of US users also filed their own emergency petition with the Supreme Court, highlighting the app’s role as a major platform for expression and calling for the highest level of legal scrutiny of any action that restricts access.
Michael Hughes, a TikTok spokesman, said the First Amendment “requires rigorous scrutiny” in this case, and a hasty ban would deal a severe blow to Americans’ freedom of expression.
The US Department of Justice asserts that the law protects national security and ultimately defends freedom of expression by protecting personal data from foreign intrusion. The White House has not yet commented on the Supreme Court file.
TikTok and ByteDance have requested a decision from the Supreme Court by January 6 to allow time, if necessary, to organize a complex US shutdown and coordinate with service providers. The outcome now rests with the judges as the January deadline approaches.