TikTok Inc. and its parent company, ByteDance Ltd., have filed an emergency request with the U.S. Supreme Court seeking to halt the enforcement of a recently passed federal law that would effectively ban the social media platform in the United States. The request was filed with Chief Justice John G. Roberts Jr., who oversees the D.C. Circuit, after the D.C. Circuit Court denied interim relief earlier this month.
The law, known as the Protecting Americans from Foreign Adversary Controlled Applications Act, is set to take effect on January 19, 2025. It prohibits TikTok from operating in the United States unless its parent company divests from its ownership. TikTok argued in its filing that the law imposes an unconstitutional restriction on free speech and will irreparably harm the company and its 170 million American users.
An “Unprecedented Speech Restriction”
In its filing, TikTok called the law a “massive and unprecedented speech restriction”, singling out the platform for disfavored treatment. TikTok, operated in the U.S. by TikTok Inc., a California-based company, is a venue for communication, commerce, and creative expression. The platform is owned by ByteDance Ltd., a Cayman Islands holding company majority-owned by institutional investors, with no ownership stake held by the Chinese government.
TikTok argues that Congress passed the law based on “speculative concerns” about potential misuse of the platform by the Chinese government, despite a lack of evidence of any ongoing threat. The filing highlights that the government’s justification for the law relied on risks China “could” manipulate TikTok’s algorithm or access U.S. user data but provided no proof that such activities are occurring.
The D.C. Circuit upheld the law under strict scrutiny—the highest constitutional standard—concluding that concerns about national security outweighed free speech considerations. TikTok maintains this decision was deeply flawed and poses a dangerous precedent for other speech platforms.
Irreparable Harm to TikTok and Its Users
TikTok’s filing emphasized the far-reaching consequences of enforcing the law:
- Shuttering the Platform: TikTok would be forced to shut down in the U.S., silencing a major speech platform just one day before the 2025 presidential inauguration.
- Economic Losses: Small businesses relying on TikTok for advertising and outreach would suffer unrecoverable financial harm.
- Loss of Users: A shutdown would cause millions of American users to leave the platform permanently, destroying TikTok’s market position.
TikTok described the shutdown as a “seismic disruption” to its operations and its community of creators, users, and advertisers. The company estimates it would lose one-third of its daily U.S. users within a month of a shutdown.
TikTok’s Proposed Alternatives
The filing criticized Congress for failing to consider less restrictive alternatives to an outright ban, including:
- Disclosure Requirements: TikTok proposed measures to notify users about potential risks or foreign influence.
- Data Security Agreements: TikTok highlighted its $2 billion investment in “Project Texas,” a program that stores U.S. user data on servers operated by Oracle, an American company, with oversight by U.S. regulators.
TikTok argued these measures sufficiently address national security concerns without violating First Amendment protections.
Government’s Delayed Timeline Undermines Urgency
TikTok also pointed out that Congress delayed the law’s effective date by 270 days, with an option to extend for an additional 90 days, demonstrating there is no imminent threat. The company noted that granting a temporary injunction would allow the incoming administration to evaluate its stance on TikTok. President-elect Donald Trump and his advisors have publicly expressed opposition to banning the platform, with Trump stating, “I’m gonna save TikTok.”
The Stakes for Free Speech
TikTok warned that the D.C. Circuit’s ruling, if left intact, could pave the way for other speech-based bans justified under broad claims of national security. The company urged the Supreme Court to grant a temporary injunction to preserve the platform while it seeks a full review of the law’s constitutionality.
The Supreme Court is expected to rule on TikTok’s emergency request by January 6, 2025, to give the company time to coordinate with service providers before the law takes effect on January 19.
The case represents a critical test for the intersection of national security, corporate regulation, and free speech in the digital age.
