TikTok asks Supreme Court for emergency order to block US ban unless soldExBulletin

FILE – The TikTok Inc. building is seen in Culver City, California, March 17, 2023. Damian Dovarganes/AP .

switch captionDamian Dovarganes/AP

WASHINGTON TikTok asked the Supreme Court on Monday to urgently intervene to block federal law that would ban the popular platform in the United States unless its China-based parent company agrees to sell it.

Lawyers for the company and China-based ByteDance urged judges to intervene before the Jan. 19 deadline. A similar plea has been filed by content creators who rely on the platform for income and by some of TikTok's more than 170 million users in the United States.

“A slight delay in implementing the law will provide room for this Court to conduct an orderly review and for the new Administration to evaluate this matter before this vital channel for Americans to communicate with their fellow citizens and the world be closed,” the law's lawyers said. the companies told the Supreme Court.

Trump's view

President-elect Donald Trump, who once supported a ban but then pledged during the campaign to “save TikTok,” said his administration would review the situation.

“As you know, I have a warm place in my heart for TikTok,” Trump said during a news conference at his Mar-a-Lago club in Florida. His campaign saw the platform as a way to reach younger, less politically engaged voters.

The companies said a shutdown of just one month would cause TikTok to lose about a third of its daily U.S. users and significant advertising revenue.

The case could attract court interest because it pits the right to free speech against the government's stated goals of protecting national security, while raising new questions regarding social media platforms.

The request first goes to Chief Justice John Roberts, who oversees emergency appeals to courts in the nation's capital. He will almost certainly seek the opinion of all nine judges.

The case of TikTok

On Friday, a panel of federal judges on the U.S. Court of Appeals for the District of Columbia Circuit rejected an emergency plea to block the law, a procedural decision that allowed the case to be brought before the Supreme Court.

The same panel previously unanimously upheld the law following a First Amendment challenge, saying it violated the right to free speech.

Without a court-ordered freeze, the law would take effect on January 19 and expose app stores that offer TikTok and internet hosting services that support it to possible fines.

It would be up to the Justice Department to enforce the law, investigate possible violations and seek sanctions. But lawyers for TikTok and ByteDance argued that the Trump Justice Department could suspend enforcement of the law or seek to mitigate the law's most serious consequences. Trump takes office one day after the law takes effect.

The Supreme Court could temporarily suspend enforcement of the law so the justices can further examine the First Amendment and other issues. They could also quickly schedule the debates and try to make a decision before January 19.

On the other hand, the High Court could reject the emergency appeal, which would allow the law to take effect as planned.

It is with this latter perspective that the companies' lawyers requested that a decision be rendered on their emergency request by January 6 because they would need time “to coordinate with their service providers in order to accomplish the complex task of shutting down the TikTok platform only in the United States.”

The case moved relatively quickly through the courts once bipartisan majorities in Congress approved the law and President Joe Biden signed it into law in April.

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