The U.S. Justice Department urged courts Thursday to reject TikTok’s emergency request to postpone a law that could force the app’s removal from American app stores by January 19, 2025.
The request follows TikTok’s legal setback last Friday when a federal appeals court upheld legislation requiring Chinese-owned ByteDance to sell the platform or face U.S. restrictions. TikTok has announced plans to appeal to the Supreme Court.
The company’s Monday emergency motion sought to pause the law’s implementation, citing the upcoming change in administration. President-elect Trump has previously stated his intention to prevent a TikTok ban upon taking office.
At issue is the Protecting Americans from Foreign Adversary Controlled Applications Act, signed by President Biden in April 2024. The law targets apps owned by companies from countries deemed security risks, specifically naming TikTok as a threat.
The Justice Department’s filing criticized TikTok’s request as potentially “open-ended,” noting the company hasn’t committed to a specific timeline for Supreme Court appeal. The government proposed that if any delay is granted, TikTok should be required to file its Supreme Court petition within seven days.
TikTok, with over 170 million U.S. users, maintains it doesn’t share data with Chinese authorities. The company reports its platform contributed $32.7 billion to the U.S. economy in 2023, warning that a ban would cost small businesses over $1 billion in monthly revenue and creators nearly $300 million in earnings.
If ByteDance doesn’t sell by the deadline and the Supreme Court doesn’t intervene, app stores must remove TikTok, and updates will be blocked. While existing users may retain initial access, the app could become non-functional over time. ByteDance has consistently stated it won’t sell the platform.
The Supreme Court’s decision will likely establish important precedent for regulating foreign-owned technology companies operating in the United States.