WASHINGTON — On Monday, TikTok requested that the Supreme Court intervene urgently to halt a federal statute that would have prohibited the well-known platform from operating in the United States unless its parent firm, based in China, agreed to sell it.
Attorneys for China-based ByteDance and the company pleaded with the justices to intervene before the law’s January 19 deadline. Some of TikTok’s more than 170 million users in the United States, as well as content providers who depend on the network for revenue, made a similar request.
The companies’ attorneys told the Supreme Court that a slight delay in the Act’s implementation will give the Court time to conduct an orderly review and give the new Administration time to consider the situation before closing this crucial avenue for Americans to communicate with one another and the rest of the world.
President-elect Donald Trump, who vowed to defend TikTok during the campaign after initially supporting a ban, stated that his government would investigate the matter.
During a press conference at his Mar-a-Lago resort in Florida, Trump stated, “As you know, I have a warm spot in my heart for TikTok.” The platform was viewed by his campaign as a means of connecting with younger, less politically active voters.
According to the firms, a one-month suspension would cost TikTok a third of its daily U.S. customers as well as a sizable portion of its advertising revenue.
Because the case raises new concerns about social media platforms and balances free expression rights against the government’s professed goals of preserving national security, it may be of interest to the court.
Chief Justice John Roberts, who manages emergency appeals from the nation’s capital’s courts, receives the request first. It is highly likely that he will consult with all nine justices.
An emergency plea to block the law was denied by a panel of federal judges in the U.S. Court of Appeals for the District of Columbia Circuit on Friday. This procedural decision permitted the case to proceed to the Supreme Court.
The law had previously been unanimously affirmed by the same tribunal in response to a First Amendment argument alleging that it infringed upon the right to free speech.
The rule would go into effect on January 19 and subject app shops that offer TikTok and internet hosting firms that enable it to possible fines if a court-ordered freeze is not placed.
The Justice Department would be in charge of upholding the law, looking into potential infractions, and pursuing penalties. However, attorneys representing ByteDance and TikTok have contended that Trump’s Justice Department may attempt to lessen the harshest effects of the law by pausing enforcement or in other ways. The statute takes effect the day after Trump takes office.
In order for the justices to fully evaluate the First Amendment and other issues, the Supreme Court could temporarily halt the statute. Additionally, they could schedule arguments fast and aim to make a decision by January 19.
However, if the high court rejects the emergency appeal, the bill will be able to go into force on time.
Because they would require the time to work with their service providers to complete the difficult operation of shutting down the TikTok platform exclusively in the United States, the firms’ attorneys requested a decision on their emergency request by January 6.
Following the law’s approval by bipartisan majorities in Congress and President Joe Biden’s signing of it in April, the case has moved through the courts rather quickly.
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