TikTok and its parent company, ByteDance, have asked a federal appeals court to delay the enforcement of a law that could force the app’s removal from U.S. app stores. This request comes as the company plans to take its case to the Supreme Court. TikTok argues the pause is critical to avoid what it describes as “irreparable harm” to its 170 million monthly U.S. users, advertisers, and business partners.
TikTok Seeks Emergency Relief from Court
In its filing, TikTok stated, “A modest delay in enforcing the Act will simply create breathing room for the Supreme Court to conduct an orderly review.”
If the appeals court does not grant the delay, TikTok intends to immediately seek emergency relief from the Supreme Court. However, the company prefers an orderly review process rather than swift action from the high court.
The ban would require ByteDance to divest its ownership of TikTok or face the app’s removal by January 19. This, TikTok claims, would disrupt services for millions of users both in and outside the U.S., while also damaging its ability to retain talent and attract advertisers. Lawyers for ByteDance argue that enforcing the law prematurely would significantly reduce TikTok’s value and harm businesses reliant on the app for sales.
The law’s origins stem from concerns over national security due to TikTok’s ties to China. While the U.S. government maintains the law is necessary, TikTok denies accusations of improper data handling or ties to the Chinese government.
TikTok also pointed to potential changes under the incoming administration. Former President Donald Trump, set to return to office in January, has expressed opposition to banning TikTok. His incoming national security adviser, Mike Waltz, noted, “We absolutely need to allow the American people to have access to that app but we have to protect our data as well.”
Legal experts warn, however, that any intervention from Trump or his administration may not guarantee TikTok’s continued operation without divestiture. The Justice Department has urged the appeals court to deny TikTok’s request, emphasizing the need for a prompt Supreme Court review.
For now, TikTok’s future remains uncertain, with the appeals court expected to decide on its request by December 16.