TikTok Asks Court to Block US Ban, Seeks US Supreme Court Hearing

2024-12-12

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  • TikTok has asked a U.S. appeals court to temporarily block a law requiring its parent company, ByteDance, to divest itself of the popular video sharing service, or face a U.S. ban.
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  • The legal request comes after the same federal appeals court last week upheld a law that forces ByteDance to sell TikTok by January 19 or face the ban.
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  • Lawyers for ByteDance and TikTok are seeking to temporarily block the law to give the U.S. Supreme Court a chance to rule on the case.
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  • The companies said the Supreme Court had "an established historical record of protecting Americans' right to free speech."
  • 5
  • They added their opinion that they expected the high court to "do just that on this important constitutional issue."
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  • In the legal request, the companies warned that, without court intervention, the law would take effect next month leading to the closure of TikTok in the U.S.
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  • They called the service, or app, "one of the nation's most popular speech platforms," noting it currently has more than 170 million monthly users in the U.S.
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  • TikTok also warned that, if the law takes effect, it would affect "services for tens of millions of TikTok users outside the United States."
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  • The companies asked the appeals court to act on their request by December 16.
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  • They noted that President-elect Donald Trump has suggested he may try to prevent a U.S. ban on TikTok.
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  • Trump is set to take office on January 20.
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  • A temporary block on the law could "give the incoming administration time to determine its position," they said.
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  • The new administration's position, the companies argued, could make the Supreme Court hearing of the case unnecessary.
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  • Unless the Supreme Court rules, a decision about whether to delay the TikTok ban would rest with President Joe Biden.
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  • He could approve a 90-day extension past January 19.
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  • However, experts have noted it is not clear whether ByteDance could meet a series of requirements needed to permit an extension.
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  • U.S. officials have long warned that TikTok presents national security concerns.
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  • The government accuses ByteDance of sharing user data with China's government.
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  • Critics have said China could also use TikTok to spread misinformation and that material published on the service can harm the mental health of young users.
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  • TikTok has repeatedly denied the accusations.
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  • In its ruling, the appeals court recognized that "170 million Americans use TikTok to create and view all sorts of free expression."
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  • However, it added that a divestment of the service from Chinese control was "essential to protect our national security."
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  • ByteDance has said it does not plan to sell TikTok.
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  • Technology experts have noted that even if the company did agree to sell, the deal would likely be blocked by Chinese export rules.
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  • However, some American investors have expressed interest in buying the company's American operations.
  • 26
  • They include Trump's former Treasury Secretary Steven Mnuchin and billionaire businessman Frank McCourt.
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  • Reuters news agency reports that it is not yet clear whether the Supreme Court will consider the case.
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  • But some legal experts have said the high court is likely to agree to hear it.
  • 29
  • The law is considered by some a test to see how far the U.S. government should be permitted to go in acting against technology companies using national security as a reason.
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  • I'm Bryan Lynn.