TikTok files its last resort to avoid US ban with the Supreme Court

After suffering numerous setbacks, ByteDance has finally turned to the Supreme Court as its last hope to prevent the US from banning TikTok. The “anti-TikTok law” is approaching its deadline, leaving the company with no other options.

TikTok turns to Supreme Court to temporarily delay US ban

Previously, ByteDance tried to challenge the bill that Joe Biden signed in April. However, the three judges of the appeals court unanimously rejected the company’s arguments. Later, the same court also rejected a request for an emergency pause in the implementation of the law. The DOJ was insistent that no appeal in favor of the permanence of the short video platform in the US should be accepted.

ByteDance is now filing with the Supreme Court some of the allegations rejected by the appeals court. The company will insist on the argument that the bill threatens the First Amendment’s principles of freedom of expression, as TikTok is one of the “most popular and important venues for communication” in the US. The platform has around 170 million users in the country. It is noteworthy that TikTok is not challenging the bill before the Supreme Court but rather requesting an emergency pause.

The bill’s deadline is January 19, 2025

The “anti-TikTok law” forces ByteDance to sell its US stake in TikTok. If it doesn’t, the app will be completely removed from all stores starting January 19, 2025. US authorities have cited the potential national security threats that the platform represents as the main argument. They believe that its popularity among young people could help the Chinese government spread propaganda or manipulations through the recommendation algorithm. Officials also say that Chinese laws could force ByteDance to hand over personal data from Americans to the government.

For its part, TikTok’s parent company has always denied the allegations. They assert that they handle both the moderation and the recommendation algorithm outside of China. Plus, the data of American users is stored on Oracle servers. However, the DOJ is not convinced by the firm’s claims and continues to consider TikTok a clear threat to national security.

ByteDance is also not open to selling TikTok. They say that a potential new owner would take years to adapt to their code. This would even prevent new engineers from implementing routine maintenance. The company also does not want to hand over its valuable recommendation algorithm to a third party.