ByteDance is exhausting every resource to try to stop the implementation of the “anti-TikTok law” in the US. The company’s latest move was an emergency pause request before the appeals court. However, in a new development, the US rejects the TikTok request.
US court rejects ByteDance’s emergency pause request to TikTok ban
ByteDance filed the emergency pause request alleging the short period of time left before its implementation. The company claimed that it would not have enough time to even file its appeal before the US Supreme Court. Furthermore, the April bill’s current deadline will not allow Donald Trump, the incoming US president, to take action. The law will go into effect on January 19, while the upcoming administration will take the White House a day later, on January 20.
Unfortunately for the fate of TikTok, the appeals court has unanimously rejected the request filed by ByteDance. The judges said on Friday that TikTok and ByteDance had not identified a previous case “in which a court, after rejecting a constitutional challenge to an Act of Congress, has joined the Act from going into effect while review is sought in the Supreme Court” as their primary motivation.
The Supreme Court is ByteDance’s last resort
In its emergency injunction, ByteDance claimed that banning the platform in the US would “inflict extreme and irreparable harm.” The freedom of expression of “petitioners and the 170 million Americans who use the platform each month” would be affected, the company claimed. However, the justices also rejected these arguments.
ByteDance’s next step should be to go to the Supreme Court. This will serve as the company’s final attempt to thwart TikTok’s increasingly likely US ban. The firm says that the court “has established an historical record of protecting Americans’ right to free speech.” Joe Biden could still extend the law’s deadline by 90 days, but it doesn’t seem like that will happen. Meanwhile, ByteDance is not willing to sell TikTok’s North American operations, as required by the bill.
DOJ maintains a strict position against TikTok
The US DOJ has been especially insistent that the US ban of TikTok is necessary. The agency recently asked the appeals court to deny ByteDance’s request for an emergency pause on the law. The short video platform represents “a continuing threat to national security,” officials said.
On the other hand, ByteDance claims that decisions are being made on flawed grounds. The DOJ claims that China has the power to influence the platform. However, the company says that everything related to TikTok moderation and recommendations is handled in the US. In addition, the data of American users is stored on Oracle servers, not in China.
