TikTok's Desperate Battle to Stay in the USA: The Journey to the Supreme Court

TikTok is making a vigorous last-minute effort to continue operating in the U.S. On Monday, the short video app, along with its parent company ByteDance, approached the U.S. Supreme Court to block the substantial order to separate from its Chinese parent company by January 19 or face a ban. In a hasty request for a temporary injunction, TikTok and ByteDance are urging the judges to halt the impending ban on the widely used app as they contest a lower court's ruling that confirmed the law's legality. American users have also approached the court with a similar request. The bill passed by the government in April is based on the assumption that TikTok, due to its structural ties to China, poses a serious threat to U.S. national security. It is argued that the app presents a danger to public order through access to sensitive data and the ability to manipulate content. In their appeal, TikTok and ByteDance argue that the expressions of an informed public, which continues to want to use TikTok despite the alleged risks, should be protected by the First Amendment of the U.S. Constitution. If the contrary ruling stands, Congress could theoretically silence any voice in the U.S. by merely pointing out a connection to foreign influences. The company emphasizes that even a one-month operational ban could lead to significant user loss and a decline in advertising revenue. As one of the leading platforms for expression in the U.S., TikTok sees no immediate threat to national security. A delay in the implementation of the law would provide the Supreme Court with the opportunity to review its legality and the new Trump administration, which takes office on January 20, the chance to examine the matter more closely.