In a significant legal setback, a U.S. court has rejected TikTok's emergency motion to delay the impending ban of the popular short-video app. The decision compels TikTok and its parent company, ByteDance, to seek an immediate appeal to the Supreme Court by January 19.
TikTok had argued that without an extension, the platform, which boasts over 170 million domestic monthly users, would be forced to shut down. However, the appeals court found that TikTok and ByteDance failed to demonstrate a precedent where a similar constitutional challenge was enjoined pending Supreme Court review.
In response to the ruling, a TikTok spokesperson announced plans to escalate the case to protect what they describe as Americans' right to free speech. Under the current law, unless ByteDance divests TikTok by the January 19 deadline, the app will be banned. Additionally, the law empowers the U.S. government to prohibit other foreign-owned apps that may pose national security risks related to data collection.
The U.S. Justice Department has asserted that ByteDance's control over TikTok is a national security threat. In contrast, TikTok maintains that its user data is securely stored in the U.S. on Oracle-operated cloud servers, and that content moderation affecting U.S. users is managed domestically.
The fate of TikTok hangs in the balance as the Supreme Court considers the appeal. The deadline coincides with a political transition, placing the decision under the purview of Democratic President Joe Biden and incoming Republican President-elect Donald Trump. Trump, who previously attempted to ban TikTok during his first term, has stated he would not enforce the ban post-election.
Adding pressure, the chair and top Democrat of a U.S. House committee on China recently instructed the CEOs of Alphabet (Google's parent company) and Apple to prepare for the removal of TikTok from U.S. app stores by the January deadline.
Reference(s):
cgtn.com
