DOJ Challenges Request to Halt TikTok Sale-or-Ban Legislation

December 12, 2024 TruthUSA

The Justice Department (DOJ) is contesting TikTok’s appeal to delay a potential ban while the app seeks to challenge a national security law enacted in April in the Supreme Court.

When President Joe Biden endorsed the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA), it initiated a 270-day timeline for TikTok to sever ties with the Chinese communist regime, considered a foreign adversary by the United States, or cease its operations within the country.

TikTok’s parent company, ByteDance, based in China and subject to Chinese legislation, indicated in a court submission that the Chinese government would not permit the sale of the app, effectively rendering the law a “ban.”

The DOJ maintains that the 270-day timeframe was designed to give TikTok an opportunity to locate a buyer and address any legal concerns in court, arguing there is no valid reason to pause this countdown during the petition to the nation’s highest court.

Additionally, the law does not mandate a ban on TikTok. After the January 19, 2025, deadline, entities are forbidden from supplying services to TikTok; however, users who have previously downloaded the app are not restricted from continuing to use it. Moreover, the president has the authority to grant a one-time 90-day extension of the deadline.

“Petitioners are entitled to request the Supreme Court to suspend the law’s implementation while the Court reviews the matter, and they have clearly reserved their right to do so, establishing a schedule that would allow time for such review,” states the Dec. 11 court filing.

“However, they do not have the right to an injunction against an Act of Congress, especially when the only court to assess their constitutional challenge has dismissed it.”

TikTok made known its intention to appeal before the Supreme Court following a federal appeals court’s upholding of PAFACA last week. On December 9, TikTok further requested the appeals court to issue an emergency injunction against the law. Such an order would postpone the deadline beyond January 19, 2025, possibly allowing the new president to reverse the order, petitioners contended.

As TikTok appeals to the Supreme Court, it can request an emergency injunction on the law while the petition undergoes judicial review. However, there is no guarantee that the Supreme Court will choose to hear the case.

TikTok has argued that an injunction is vital to avert the shutdown of “one of the Nation’s most popular speech platforms, which boasts more than 170 million monthly users in the U.S. just before a presidential inauguration.”

In its arguments to the U.S. Circuit Court of Appeals for the District of Columbia, TikTok claimed that the law was unconstitutional and violated the First Amendment rights of its users. A panel of three judges dismissed this claim, finding no violations of the First Amendment.

The DOJ claimed that the law was aimed at foreign ownership, rather than the platform’s content itself. If TikTok were sold to an American entity, it could retain its content.

TikTok contended that the 270-day deadline indicated Congress did not perceive the threat to be “imminent” and would not suffer harm from a postponement.

In its recent court filing, the DOJ asserted that the executive branch, Congress, and the federal appeals court have all previously rejected TikTok’s claims, leaving no grounds to grant TikTok a delay on its PAFACA deadline.

Additionally, the DOJ argued that TikTok’s portrayal of potential harms “minimizes the national-security risks that underpin both the statute and this Court’s ruling.”

“Ongoing Chinese control over the TikTok application present a persistent threat to national security,” the filing states.

The Chinese communist regime has enacted several national security laws mandating all entities operating in China to assist intelligence agencies, including providing data upon request and maintaining secrecy.

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