China-based ByteDance has asked a federal court to temporarily block a law requiring it to sell or ban TikTok by January 19, pending review by the Supreme Court.
The emergency motion by TikTok's lawyers comes after a U.S. appeals court sided with the federal government to uphold the law.
The decision was a major setback for TikTok, which had argued that the law was unconstitutional and a violation of free speech rights.
Lawyers for TikTok and ByteDance were quick to point out that the law would force “TikTok, one of the country's most popular audio platforms with more than 170 million monthly users, to be shut down on the eve of the presidential inauguration.” It will be closed in 2020.''
“Before that happens, the Supreme Court, as the only court with appellate jurisdiction over this case, should be given the opportunity to decide whether to reconsider this vital case,” the companies said. said.
The companies also hinted at the possibility of receiving support from President-elect Trump. President Trump tried to ban TikTok during his first term in office, but recently said he no longer supports a ban.
TikTok and ByteDance said an injunction “could give the incoming administration time to determine its position and argue both the immediate harm and the need for review by the Supreme Court.”
The Supreme Court has not yet announced whether it will take up the case.
Representatives of Trump's transition team did not immediately respond to The Post's request for comment.
U.S. lawmakers and the Justice Department have argued that TikTok poses a national security risk by effectively serving as a tool for Chinese espionage and propaganda on U.S. soil. ByteDance and TikTok, on the other hand, vehemently denied any wrongdoing.
The legislation would allow President Biden to grant a 90-day ban extension by January 19 if there are signs of significant progress towards selling TikTok.
ByteDance and TikTok have maintained that their apps are not for sale, and the Chinese government has said it opposes any forced sale of the video-sharing app.
Several prominent US investors have expressed interest in acquiring TikTok once it becomes available. Steven Mnuchin and billionaire Frank McCourt.
Earlier this year, the Post reported that Mnuchin was seeking a partner with artificial intelligence expertise who could rebuild TikTok's recommendation algorithm from the ground up to address national security concerns.
Elsewhere, McCourt reportedly secured $20 billion in unofficial commitments for the TikTok deal.
