TikTok has formally requested the U.S. Supreme Court to review a federal appeals court decision that upheld legislation potentially banning the app in the United States. The controversial law, supported by President Joe Biden’s administration, requires the popular social media platform to sever ties with its China-based parent company, ByteDance, or face a nationwide ban.
The legal filing, submitted Monday, comes in the wake of a ruling by a three-judge panel from the same appeals court. The panel sided with the government last week, affirming that the law mandating TikTok’s divestment from ByteDance is constitutional. According to the filing, if the legislation is allowed to stand, TikTok faces a U.S. ban effective January 19, 2025, a move both TikTok and ByteDance argue would have catastrophic consequences for the platform and its millions of American users.
TikTok, which boasts over 170 million users in the United States, warned that even a brief suspension of its services would have severe repercussions. The company’s legal representatives stated that a one-month ban could result in a loss of one-third of its daily active users in the U.S., a decline that could irreparably harm the platform’s growth and revenue streams.
TikTok outlines the potential fallout
In their filing, TikTok and ByteDance painted a grim picture of the potential economic and operational consequences of a ban. The platform estimates it would lose 29% of its global advertising revenue in 2025 due to the disruption in its U.S. operations. This would particularly impact its ability to attract advertisers who rely on TikTok’s extensive reach across American audiences.
Additionally, TikTok expressed concerns about its workforce, stating that both current employees and prospective talent may seek opportunities elsewhere amid the uncertainty surrounding the platform’s future. The filing emphasized that such losses would extend beyond financial metrics, undermining TikTok’s ability to remain competitive in a rapidly evolving social media landscape.
“Before these irreversible harms take effect, the Supreme Court must have the opportunity to review this critically important case,” the companies argued in their submission. TikTok asserted that the Supreme Court’s unique appellate jurisdiction makes it the appropriate authority to evaluate the legality of the legislation.
National security concerns drive the legislation
The law in question stems from long-standing concerns about TikTok’s ties to ByteDance and the potential influence of the Chinese government. U.S. officials have argued that TikTok’s ownership structure poses a national security risk, claiming that user data collected by the app could be accessed by the Chinese government.
TikTok has consistently denied these allegations, maintaining that it operates independently of Beijing and has implemented strict measures to protect U.S. user data. The company has also invested in initiatives like Project Texas, a plan to store U.S. user data on domestic servers managed by Oracle, in an effort to address security concerns.
Despite these efforts, lawmakers and regulators have remained skeptical, leading to bipartisan support for measures targeting TikTok. The Biden administration’s push to enforce ByteDance’s divestment mirrors efforts by former President Donald Trump, who attempted to ban TikTok during his time in office. Trump’s efforts were ultimately blocked by the courts, but the issue has resurfaced under the current administration.
The political and legal landscape
TikTok’s legal filing acknowledges the shifting political environment surrounding the platform. The company noted that a Supreme Court review could provide a “modest pause” that would allow the incoming administration to reassess its stance on the issue. This delay, TikTok argued, could prevent imminent harm to the platform and its users while potentially eliminating the need for further legal proceedings.
Interestingly, President-elect Donald Trump, who previously sought to ban TikTok, has recently expressed opposition to such measures. This shift in Trump’s position adds another layer of complexity to the debate, as it highlights the evolving perspectives on regulating social media platforms and balancing national security with free market principles.
The Supreme Court has yet to indicate whether it will take up TikTok’s case. However, legal experts believe the issue could attract the Court’s attention due to its broader implications for technology regulation, national security, and the limits of government intervention in private businesses.
Broader implications for social media regulation
TikTok’s legal battle unfolds amid growing scrutiny of social media platforms and their role in society. The case raises fundamental questions about the extent to which governments can regulate technology companies to protect national security without infringing on free speech or stifling innovation.
If the Supreme Court agrees to hear the case, its decision could set a precedent for how the U.S. government approaches similar concerns with other platforms in the future. This is particularly relevant as lawmakers continue to explore ways to regulate Big Tech companies, including those based in the U.S., over issues ranging from data privacy to content moderation.
For TikTok, the stakes are high. A ban in the U.S. would not only disrupt its operations in one of its largest markets but also signal to other countries that similar measures could be justified. The platform’s success has made it a global leader in short-form video content, but its ties to China have also made it a focal point in the ongoing tensions between the U.S. and Beijing.
What’s next?
As the Supreme Court considers whether to intervene, TikTok’s future in the U.S. remains uncertain. The platform continues to argue that its operations pose no threat to national security and that the proposed legislation unfairly targets the company based on unfounded fears.
For now, TikTok is urging the Supreme Court to step in and prevent what it views as an unjust and damaging outcome. Whether the Court decides to take up the case could have far-reaching consequences, not only for TikTok but also for the regulatory landscape governing technology and social media in the United States.
In the meantime, millions of American users and thousands of TikTok employees face an uncertain future, waiting to see whether the popular platform will continue to be part of their daily lives. The outcome of this legal battle could shape the future of global tech regulation and the role of governments in overseeing the digital economy.
