The US government files to reject TikTok’s request
The US government has requested the court to dismiss TikTok’s urgent appeal to postpone legislation that could prohibit the app in the United States unless its Chinese owners divest their stake by January 19.
A federal appeals court denied TikTok’s challenge to the law last Friday (December 6). TikTok announced its intention to appeal the ruling to the Supreme Court.
On Monday (Dec. 9), TikTok and its parent company ByteDance submitted an emergency motion seeking a temporary injunction to suspend the legislation, arguing that “the Supreme Court, as the only court with appellate jurisdiction over this lawsuit, should be able to make a decision.” Is it prudent to reconsider this immensely significant matter?
Details about the Protecting Americans from Foreign Controlled Apps Act
The Protecting Americans from Foreign Controlled Apps Act, enacted in April 2024, aims at regulating apps owned by companies in nations deemed security threats by the U.S., including China, Iran, and Russia. TikTok is explicitly identified as a threat under this law. To remain operational in the U.S., ByteDance is required to divest the app or face restrictions by January 19, 2025.
Legislators and officials express concerns that TikTok could provide the Chinese government with access to sensitive user data or allow it to influence the content consumed by Americans. TikTok, which boasts over 170 million users in the U.S., refutes these allegations and insists it does not share data with the Chinese government.
Should the Supreme Court not intervene and ByteDance fail to sell the platform, app stores will be mandated to cease offering TikTok in the U.S., and app updates will be halted starting January 19, 2025. While existing users may still access the app temporarily, it may eventually become non-functional. ByteDance has previously asserted that it has no plans to sell TikTok.
Emergency motion and Department of Justice response
In an emergency motion filed Monday by TikTok and ByteDance, which you can read in full here, they suggested there is a feasible chance that the new Trump administration might suspend the enforcement of the law or mitigate its severest impacts. President-elect promised to prevent the application from being banned once in office.
According to TikTok’s proposal, “an injunction is particularly warranted because it would allow the incoming administration time to clarify its stance, which could question both the impending harm and the necessity for the Supreme Court to review the case.”
In its response to the motion filed on Thursday (December 11), the US Department of Justice urged the court to deny ByteDance and TikTok’s plea to delay the law, arguing that they “provide no compelling rationale to postpone the Supreme Court’s authority to determine how proceedings in this Court should conclude.”
The lawsuit further highlights the government’s worries regarding the potential duration of the requested stay of enforcement, asserting that it might be “indefinite” as TikTok has not committed to a timeline.
According to a U.S. government statement issued on Thursday: “At a minimum, this court should reject the plaintiffs’ request for a permanent injunction pending Supreme Court review, under which plaintiffs could delay such review for months and thus effectively postpone the Supreme Court’s ability to consider and rule on any future case during this period.”
Additionally, the statement noted: “Indeed, TikTok anticipates that if it secures an injunction from this court, it will not intend to file any petition for certiorari with the Supreme Court until a decision is made—presumably following impending changes in administration and possibly additional months of non-compliance with legal proceedings.”
“As the Court has already maintained, the Act’s prohibitions are intended to advance compelling national security interests. Consequently, any delay in enforcing these prohibitions beyond what Congress has stipulated would lack justification. Furthermore, the indefinite delay sought by the petitioners—potentially extending for more than a year if the Supreme Court case is postponed to the next term—would be particularly adverse to the government’s and the public’s interests in enforcing the Act.”
The case file suggests that if the court were “Inclined to grant” TikTok’s request, any injunction must be conditional upon TikTok and ByteDance filing a petition with the Supreme Court within seven days, which would allow the Supreme Court to expedite the case if desired, enabling a decision to be made within this timeframe.
In a statement released on its website Monday, TikTok asserted that its advertising, marketing, and organic reach generated $24.2 billion in 2023 alone, while its operations contributed an additional $8.5 billion to the U.S. GDP.
TikTok points to “estimates indicating that small businesses on TikTok would forfeit over $1 billion in revenue, and creators would lose nearly $300 million in just one month if the TikTok ban were to proceed.”
The Supreme Court’s management of this case will be closely monitored, as the outcome will establish a vital precedent regarding how the United States regulates foreign-owned technology companies.
