TikTok has filed an emergency appeal to the Supreme Court, urging justices to block a federal law that could ban the popular app in the United States unless its China-based parent company, ByteDance, sells its stake. The deadline for the law to take effect is January 19.
TikTok’s legal team argued that a shutdown would significantly harm its U.S. user base, which exceeds 170 million people, and severely impact content creators who depend on the platform for income. The company estimates it could lose a third of its daily U.S. users and face substantial advertising revenue losses within a month.
The case raises significant constitutional questions, particularly free speech rights protected under the First Amendment, pitted against the U.S. government’s stated *national security concerns*. Lawyers for TikTok and ByteDance claim that the law unfairly targets the platform and internet services supporting it.
The emergency appeal first heads to Chief Justice John Roberts, who oversees cases from the District of Columbia Circuit. He is expected to seek input from all nine justices.
Last week, the U.S. Court of Appeals for the District of Columbia Circuit denied TikTok’s request to block the law, allowing the case to advance to the Supreme Court. The panel had previously upheld the law unanimously, rejecting claims it violated free speech rights.
If the Supreme Court does not intervene, the law will take effect on January 19, exposing app stores and hosting services offering TikTok to penalties. Enforcement of the ban would be overseen by the Justice Department. TikTok’s legal team, however, argued that the department may delay enforcement under the incoming administration, as President-elect Donald Trump previously vowed to “save TikTok” during his campaign.
The Supreme Court’s decision could either temporarily freeze the law to allow further deliberation or reject the emergency appeal, enabling the ban to take effect as planned.