Once again, the TikTok ban faces uncertainty, even after an appeals court dismissed the argument presented by the company claiming First Amendment protection.
ByteDance, TikTok’s parent company, has now filed for an emergency injunction with the US Supreme Court, aiming to block a law that mandates the sale of TikTok to an American firm or face a ban…
An Overview of the TikTok Ban Timeline
The controversy began in 2020 when then-President Trump ordered a ban on TikTok unless it was sold to a US company by September that year. This deadline was extended twice before eventually being allowed to pass without action.
Earlier this year, Congress reignited the issue with new legislation aimed at either banning TikTok or compelling its sale to a US-owned entity. ByteDance challenged the US government in court, contending that the proposed ban would violate the First Amendment by impeding free speech rights.
This case was adjudicated earlier this month, with judges unanimously dismissing the constitutional objections.
TikTok Seeks Emergency Injunction from the Supreme Court
The court’s decision left ByteDance with little recourse other than to appeal to the US Supreme Court. However, the ban is set to take effect next month, well ahead of any potential hearing.
To avert this situation, the company has requested an emergency injunction to halt the ban’s implementation while awaiting the outcome of its appeal. The Guardian outlined the key points from the filing.
In their submission to the Supreme Court, TikTok and ByteDance asserted: “If Americans, well aware of the alleged risks of ‘covert’ content manipulation, choose to continue engaging with TikTok, the First Amendment ensures their right to do so without government interference.”
“Allowing the DC circuit’s opposing ruling to stand would enable Congress to freely ban any American speaker merely by citing a potential risk of foreign influence,” they warned.
The companies added that even a temporary closure of one month would lead to a loss of approximately a third of TikTok’s users in the US, severely impacting its ability to attract advertisers and retain content creators and talent.
TikTok, claiming to be one of the “most critical platforms for expression” in the U.S., stated there is no immediate threat to national security, arguing that a delay in enforcing the law would permit the Supreme Court to assess the legality of the ban, along with allowing the incoming Biden administration to review the law.
Trump Allegedly Meets with TikTok CEO
The initial threat to the ban came from then-President Trump, who later reversed his stance, expressing intentions to protect the app. According to NBC News, Trump met with the CEO of TikTok on the same day.
President-elect Donald Trump is set to meet with TikTok CEO Shou Zi Chew on Monday amidst talks of a possible US ban on the app, a source familiar with the situation revealed to NBC News.
Trump noted his favorable stance towards TikTok during a news conference, stating, “we’ll take a look” at the app and the potential ban.
Trump has partly credited TikTok for his electoral success, though his assertion lacks a factual basis.
During his press conference, Trump failed to mention the meeting with Chew but claimed that his electoral success was partly due to TikTok. “I won youth by 34 points. Some say TikTok influenced that,” he said, despite a national exit poll indicating he lost voters aged 18-29.
Image: Michael Bower/DMN
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