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Analysis News Spotlights Technology

TikTok asks court to delay the law that would ban its app next month

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TikTok is beginning its last-ditch legal challenge to avoid a ban in the United States. The company filed an emergency injunction in federal court Monday, asking for a delay in the law that would ban the app from taking effect so it could have time to mount a Supreme Court challenge.

The new court filing comes just three days after the company lost its initial court challenge to the law, currently set to take effect January 19, 2025, that requires app stores and internet providers to block TikTok if ByteDance doesn’t sell the app. In their ruling, a panel of three appeals court judges wrote that the US government had “persuasive national security justifications that apply specifically to the platform that TikTok operates.”

TikTok has argued the law is unconstitutional and that it would unjustly hurt creators and businesses that rely on its service. “Estimates show that small businesses on TikTok would lose more than $1 billion in revenue and creators would suffer almost $300 million in lost earnings in just one month unless the TikTok Ban is halted,” TikTok said in a statement Monday.

In its latest filing, TikTok notes that President-elect Donald Trump has promised to “save” the app and that temporarily halting the law would allow “the incoming Administration to evaluate this matter.” Right now, the law is slated to take effect the day before Trump’s inauguration.

The company requested a decision by December 16. Even if the injunction isn’t granted, it’s still not quite the end of the line for the company’s legal challenges. If the Supreme Court ends up taking on the case, TikTok would have another opportunity to try to get the law overturned.

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