ByteDance’s TikTok platform entered the last chance saloon in the US after an appeal of a law which will see the division banned in 2025 was rejected, a case which could also result in something of an embarrassing U-turn by the nation’s incoming President Donald Trump.

A US appeals court last week rejected arguments to ditch legislation current President Joe Biden signed off which requires ByteDance to sell its US TikTok assets or be banned. Financial Times (FT) reported the decision by the court was unanimous

The company now plans to take its case to the US Supreme Court, the highest in the land.

In a statement issued on 6 December following the appeals court decision, TikTok pointed to the Supreme Court’s “established historical record of protecting” free speech and expressed hope it would do the same “on this important constitutional issue”.

“Unfortunately, the TikTok ban was conceived and pushed through based upon inaccurate, flawed and hypothetical information, resulting in outright censorship”.

The company turned up the heat, again arguing any ban would “silence the voices” of 170 million users in the US.

FT wrote TikTok bosses plan to seek an injunction on the law being enacted to give the Supreme Court time to assess the matter.

Intervention
US government information explains the Supreme Court “is the highest court in the land and the only part of the federal judiciary specifically required by the Constitution”, so if TikTok fails to convince it, the country would theoretically enact a ban on 19 January.

This timing could prove crucial given President-elect Trump is due to be sworn in on 20 January.

Trump is the President who began the action against TikTok, arguing in 2020 the company’s Chinese heritage meant it was a national security risk due to links with the nation’s government.

He apparently had a change of heart during his election campaign, when Bloomberg reported the incoming President argued TikTok was a “powerful” competitive force.

The pledge sets up the possibility of a reversing of one of his own policies being among the first actions taken when President-elect Trump is inaugurated.