ByteDance, the parent company of TikTok, has asked the United States Supreme Court to temporarily suspend the application of the law that would prohibit the use of the social network in the country unless it is sold. The regulations are expected to come into force on December 19.
The petition was filed Monday as an emergency appeal and after the Washington Circuit Court rejected a similar appeal in early December. TikTok’s lawyers argue that the decree, approved by former President Joe Biden in April, violates the First Amendment of the US Constitution. They point out that the law “will close one of the most popular expression platforms in the country one day before the presidential inauguration. “It will silence the voices of citizens who use the service to communicate about politics, commerce, art and other matters of public interest.”
ByteDance’s legal team is asking the highest court to issue a decision on the claim by January 6. It indicates that this would give the company the time necessary to coordinate with its suppliers and carry out the “complex task” of closing TikTok only in the United States. It emphasizes that Magna Carta only allows freedom of expression to be restricted in specific and exceptional situations. “The Supreme Court must ensure that this fundamental protection is not diluted with a decision that supports a law that prohibits a service used by half of the country,” he adds.
The legislation in question alleges that TikTok maintains ties to the Chinese government that pose a threat to the national security and privacy of American citizens. So far, no conclusive evidence has been presented to support the allegations. Despite this, ByteDance will have to sell its popular application to a non-Chinese owner if it wants to maintain its operations in the United States. If the transaction is not completed, the application stores must suspend the distribution of the software in the first days of next year.
TikTok pins its hopes on Donald Trump
The regulatory framework in the United States gives the head of state the power to extend the application period for a reform like the one that now affects TikTok. Analysts suggest the company aims to gain a temporary advantage until President-elect Donald Trump takes office. The Republican politician has made several favorable statements towards the platform, which could translate into a change in the legislative process.
Trump expressed in a recent press conference that he has “a small warm place in his heart” for the app China. He believes that the social network has helped him connect with younger voters. ByteDance’s legal representatives took advantage of these comments in their presentation. They have stressed that delaying the ban would be “appropriate” as it would give “the incoming administration time to determine its position, given that the next president and his advisors have expressed support for saving TikTok.”
The information chain cnn reported that Shou Zi Chew, CEO of TikTok, met with Trump this week. ByteDance could be looking for agreements that could benefit it in the face of the imminent legal deadline. The news conglomerate also highlighted that the tycoon could use his political influence to intervene in regulations and prevent the exit of the service. social media of the US market.
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