WASHINGTON, Dec 16 (Reuters) - TikTok made a last-ditch
effort on Monday to continue operating in the United States,
asking the Supreme Court to temporarily block a law intended to
force ByteDance, its China-based parent company, to divest the
short-video app by Jan. 19 or face a ban.
TikTok and ByteDance filed an emergency request to the
justices for an injunction to halt the looming ban on the social
media app used by about 170 million Americans while they appeal
a lower court's ruling that upheld the law.
Congress passed the law in April amid national security
concerns. The Justice Department has said that as a Chinese
company, TikTok poses "a national-security threat of immense
depth and scale" because of its access to vast amounts of data
on American users, from locations to private messages, and its
ability to secretly manipulate content that Americans view on
the app.
The U.S. Court of Appeals for the District of Columbia
Circuit in Washington on Dec. 6 rejected arguments by the
companies and some TikTok users that the law violates their free
speech rights under the U.S. Constitution's First Amendment.
Free speech advocates, including the American Civil Liberties
Union, criticized the D.C. Circuit's ruling.
The D.C. Circuit on Dec. 13 denied an emergency request by
TikTok and ByteDance to temporarily halt the law.
Without an injunction, the ban on TikTok would make the
company far less valuable to ByteDance and its investors, and
hurt businesses that depend on TikTok to drive their sales.
Calling itself one of the "most important speech platforms"
used in the United States, TikTok has said in legal filings that
there is no imminent threat to national security and that
delaying enforcement of the law would allow the Supreme Court to
consider the legality of the ban and the incoming administration
of President-elect Donald Trump to evaluate the law as well.
Trump, who unsuccessfully tried to ban TikTok during his
first term in 2020, has reversed his stance and promised during
the presidential race this year that he would try to save
TikTok. Trump takes office on Jan. 20, the day after the TikTok
deadline under the law.
In its decision, the D.C. Circuit wrote, "The First
Amendment exists to protect free speech in the United States.
Here the government acted solely to protect that freedom from a
foreign adversary nation and to limit that adversary's ability
to gather data on people in the United States."
TikTok has denied that it has or ever would share U.S. user
data, accusing American lawmakers in the lawsuit of advancing
speculative concerns, and has characterized the ban as a
"radical departure from this country's tradition of championing
an open Internet."
TikTok said that being shuttered even temporarily would
destroy its user base, its ability to attract advertisers and to
recruit and retain content creators and employee talent.
The D.C. Circuit's decision came at a time of growing trade
tensions between the world's two biggest economies after
President Joe Biden's administration placed new restrictions on
the Chinese chip industry and China responded with a ban on
exports of gallium, germanium and antimony to the United States.
The U.S. law would bar providing certain services to TikTok
and other foreign adversary-controlled apps including offering
it through app stores such as Apple ( AAPL ) and Alphabet's
Google, effectively preventing its continued U.S. use
unless ByteDance divests TikTok by the deadline.
An unimpeded ban could open the door to a future crackdown
on other foreign-owned apps. In 2020, Trump tried to ban WeChat,
owned by Chinese company Tencent, but was blocked by the courts.