TikTok launched an urgent legal bid on Monday, seeking an emergency injunction to temporarily halt a nationwide ban scheduled for January 19, 2025. The social media giant, which serves over 170 million US users, filed the request just days after losing a federal appeals court challenge.
The company wants to buy time for the US Supreme Court to review the case, which centers on national security concerns about the app's Chinese ownership. TikTok's parent company ByteDance argues the ban would violate First Amendment rights by restricting Americans' access to a major platform for public expression.
The Department of Justice strongly opposes the temporary pause, planning to file a formal objection by Wednesday. DOJ attorneys emphasized that the court has already "definitively rejected" TikTok's constitutional claims while recognizing critical national security interests.
A three-judge panel recently upheld the ban, citing legitimate concerns about potential data collection and content manipulation by the Chinese government through the app. The court referenced China's history of leveraging relationships with Chinese-owned businesses to access data.
However, cybersecurity experts note there is limited evidence showing TikTok has shared US user data with Chinese authorities or received such requests. The company maintains that security concerns are based on "inaccurate, flawed and hypothetical information."
The timing of the ban, set for one day before President-elect Donald Trump's inauguration, adds another layer of complexity. Trump has indicated he would work to "save TikTok" from being banned. The emergency injunction would give the incoming administration time to evaluate its stance on the matter.
Unless TikTok finds new ownership, the law would force the app to cease US operations. The company now pins its hopes on the Supreme Court's historical record of protecting free speech rights as it awaits a decision on this constitutional challenge.