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China-based ByteDance asked a federal court to temporarily halt the law requiring TikTok to be sold or banned by Jan. 19 until the Supreme Court can review.
The emergency filing from TikTok’s lawyers came after a US appeals court sided with the feds to uphold the law.
That decision was a major setback for TikTok, which had argued that the law was unconstitutional and a violation of free speech.
Without a pause, attorneys for TikTok and ByteDance said the law would “shut down TikTok—one of the nation’s most popular speech platforms—for its more than 170 million domestic monthly users on the eve of a presidential inauguration.”
“Before that happens, the Supreme Court should have an opportunity, as the only court with appellate jurisdiction over this action, to decide whether to review this exceptionally important case,” the companies said.
The companies also hinted at the possibility of receiving help from President-elect Trump – who attempted to ban TikTok during his first term in office but has recently said he no longer supports a ban.
An injunction would “give the incoming Administration time to determine its position—which could moot both the impending harms and the need for Supreme Court review,” TikTok and ByteDance said.
The Supreme Court has yet to say if it will take up the case.
Trump transition team representatives did not immediately return The Post’s request for comment.
US lawmakers and the Justice Department have argued that TikTok is a national security risk that effectively functions as a Chinese spying and propaganda tool on US soil. Meanwhile, ByteDance and TikTok have rigorously denied any wrongdoing.
The law allows President Biden to grant a 90-day extension on the ban by Jan. 19 if there are signs of significant progress toward a sale of TikTok.
ByteDance and TikTok have insisted that the app is not for sale, and the Chinese government has said that it will oppose any forced sale of the video-sharing app.
Several prominent US investors have expressed interest in buying TikTok if it is made available – including former Treasury Sec. Steven Mnuchin and billionaire Frank McCourt.
Earlier this year, The Post reported that Mnuchin was seeking a partner with artificial intelligence expertise that could help him rebuild TikTok’s recommendation algorithm from scratch to address national security concerns.
Elsewhere, McCourt has reportedly secured $20 billion in informal commitments toward a TikTok deal.
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