TikTok is mounting a high-stakes legal battle to avert a potential nationwide ban, with the popular social media platform urging a federal appeals court to pause enforcement of a law mandating divestiture by its China-based parent company, ByteDance. The request comes as TikTok prepares to seek Supreme Court intervention, raising fundamental questions about national security and the limits of government regulation of social media.
The filing, submitted Monday, follows last week's decision by a three-judge panel of the D.C. Circuit Court of Appeals, which upheld the constitutionality of a law requiring ByteDance to sell its stakes in TikTok by January 19, 2025, or face a ban in the U.S. TikTok contends that enforcement of the law would irreparably harm the platform, which boasts over 170 million American users. The company claims that a shutdown, even if temporary, would result in catastrophic losses, including a projected 29% decline in global advertising revenue and significant user attrition.
"Before that happens, the Supreme Court should have an opportunity, as the only court with appellate jurisdiction over this action, to decide whether to review this exceptionally important case," TikTok's attorneys wrote in the filing.
The stakes are particularly high, as TikTok's legal team argues that the Biden administration's law violates constitutional protections while unnecessarily harming a platform that has denied allegations of posing national security risks. ByteDance maintains that it is not beholden to the Chinese government, a claim that has done little to assuage bipartisan concerns in Congress about potential data sharing with Beijing.
TikTok's plea to the appeals court is also tied to shifting political dynamics. President-elect Donald Trump, who once attempted to ban TikTok during his first term, has stated that he is now opposed to such a move. In its filing, TikTok highlighted the political reality, noting that a delay in enforcement would provide the incoming administration time to reevaluate its position, potentially rendering further legal action moot.
Adding firepower to its legal strategy, TikTok has enlisted former U.S. Solicitor General Noel Francisco, a veteran Supreme Court advocate who served under Trump during his first administration. Francisco, alongside Jones Day partner Hashim Mooppan, is expected to lead the charge as TikTok petitions the Supreme Court to hear the case. Francisco is well-acquainted with contentious legal battles, having defended Trump's travel ban targeting predominantly Muslim countries during his tenure at the Justice Department.
The legal landscape for TikTok grew more challenging after the appeals court's ruling last week affirming the constitutionality of the law signed by President Biden in April. Lawmakers have justified the measure by citing concerns over national security, arguing that ByteDance's ownership exposes sensitive user data to potential access by the Chinese government. Justice Department officials have indicated they will oppose TikTok's request for an enforcement pause and plan to expedite a decision to facilitate Supreme Court consideration.
The law, if implemented, would mark a pivotal moment in the ongoing scrutiny of Chinese technology firms operating in the United States. Legal experts predict the Supreme Court is likely to weigh in, given the novel and high-profile nature of the case.
Despite its legal troubles, TikTok continues to emphasize its role as a critical platform for creators, businesses, and users in the U.S. The company has repeatedly denied allegations of security risks, maintaining that its data practices are transparent and in compliance with American laws.
The Justice Department, tasked with defending the potential TikTok ban, has refrained from commenting on the case. Meanwhile, Francisco and his team remain tight-lipped about their strategy but are expected to build a robust defense to counter arguments that the platform poses an immediate threat to U.S. security.
