TikTok Seeks Stay of Potential Ban Pending Supreme Court Review

On Monday, TikTok petitioned a federal appeals court to prevent enforcement of a law potentially banning the platform until the Supreme Court considers its challenge.

This filing follows a three-judge panel’s recent decision upholding the law’s constitutionality. The law mandates that TikTok’s parent company, ByteDance, divest its stake or face a ban.

Failure to overturn the law could result in TikTok’s shutdown by January 19, 2025, impacting over 170 million American users.

Their legal filing estimates that even a one-month shutdown would cause TikTok to lose roughly a third of its daily U.S. users.

Further losses include a projected 29% decrease in next year’s targeted global advertising revenue and talent attrition due to potential employee departures.

The filing urged Supreme Court review, stating that the court should have the opportunity to assess this critical case before a potential shutdown.

While Supreme Court involvement is uncertain, legal experts suggest its likelihood due to the novel legal questions raised concerning social media regulation and governmental overreach.

President-elect [Name redacted], who previously sought a TikTok ban, now opposes such action.

The filing highlights the political context, suggesting an injunction would provide a short delay allowing the incoming administration to define its stance, potentially rendering the issue moot and eliminating the need for Supreme Court intervention.

TikTok’s attorneys request a decision on the enforcement pause by December 16. The Department of Justice, however, intends to oppose this request, suggesting that a swift denial would allow the Supreme Court more time for consideration.