United States of America: Filed emergency application by TikTok to the US Supreme Court to prevent the enforcement of Protecting Americans from Foreign Adversary Controlled Applications Act

On 16 December 2024, TikTok and ByteDance filed an emergency application for an injunction with the United States Supreme Court. The application seeks to prevent the enforcement of the Protecting Americans from Foreign Adversary Controlled Applications Act, which would ban TikTok in the United States starting 19 January 2025. On 6 December 2024, the United States Court of Appeals for the District of Columbia Circuit affirmed the constitutionality of the Act. TikTok argues that the Act violates the First Amendment due to the imposition of a content-based restriction on a platform used by 170 million Americans without addressing less restrictive alternatives. The applicants argue that the Act represents an unprecedented and unconstitutional restriction on free speech, particularly given the absence of imminent national security threats that would justify such a prohibition. TikTok emphasises that irreparable harm will occur if the ban proceeds, including the silencing of users, damage to businesses, and disruption to creators who rely on the platform. Furthermore, they argue that the public interest lies in preserving access to free expression and economic opportunities. The applicants, therefore, ask the Supreme Court to grant an emergency injunction pending review and to rule by 6 January 2025 to allow time for compliance if denied.