TikTok filed an emergency appeal to the Supreme Court on Monday seeking a stay on a law banning the video-sharing platform nationwide unless it exits its Chinese parent company.
of company application form It asks the court to hold off on a Jan. 19 deadline to sell or ban the company until a judge resolves TikTok's First Amendment claims based on regular filings.
“This legislation would shut down one of America’s most popular speech platforms the day before the presidential inauguration. It would shut down one of America’s most popular speech platforms the day before the presidential inauguration. “The speech of many Americans communicating about matters of public interest will be silenced,” TikTok's lawyers wrote in the filing.
TikTok took the fight to a judge after the U.S. Court of Appeals for the D.C. Circuit rejected the company's legal challenge and refused to extend the deadline until TikTok finishes its appeal.
TikTok argued that the law violates the free speech rights of both itself and content creators. Lower courts rejected these claims and several other constitutional claims raised by TikTok.
By default, the company's Supreme Court application will go to Chief Justice John Roberts, who handles emergency appeals arising from the D.C. Circuit. Mr. Roberts can act on the application alone or refer it to the Full Court for a vote.
Courts rarely grant emergency relief. Of the more than 20 emergency appeals resolved by the Chancery Court so far this term, only two have been successful, according to an analysis of court documents by The Hill.
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