TikTok filed an emergency petition to the US Supreme Court on Monday seeking to block a federal law that could force the shutdown of its platform next month.
The petition challenges the constitutionality of legislation signed in April requiring TikTok to sever ties with its Chinese parent company ByteDance or cease US operations by January 19. The Protecting Americans from Foreign Adversary Controlled Applications Act, signed into law in April 2024 as part of a broader appropriations package, prohibits ByteDance and TikTok Inc. from operating TikTok in the United States unless they execute a “qualified divestiture” that separates the platform from foreign adversary control. The law requires TikTok to break ties with its Chinese parent company ByteDance by January 19, 2025, with a possible 90-day extension, or face a nationwide ban enforced through restrictions on app stores and internet hosting services.
TikTok’s Supreme Court appeal follows last week’s unanimous ruling by the US Court of Appeals for the DC Circuit upholding the law.
In their filing, TikTok and ByteDance argue the ban would violate First Amendment protections and cause irreparable harm to their business. The companies contend Congress failed to consider less restrictive alternatives and lacks evidence of actual national security threats.
If it moves forward as planned, the ban would take effect one day before the presidential inauguration of Donald Trump, who unsuccessfully attempted to ban TikTok during his first term, but who has recently indicated opposition to restrictions on the platform.
TikTok requested a ruling by January 6 to allow time for implementation if the petition is denied.
The Supreme Court’s response could determine whether one of America’s most popular social media platforms — which boasts some 170 million US users — continues operating in its current form.