TikTok Inc. and ByteDance Ltd. filed an emergency application to the Supreme Court on December 16, seeking to block a congressional ban that would shut down the platform’s U.S. operations on January 19, 2025, just one day before the presidential inauguration.

The companies are challenging the Protecting Americans from Foreign Adversary Controlled Applications Act, which Congress passed in April 2024 as part of broader appropriations legislation. The law would effectively prohibit TikTok’s operation in the United States by banning mobile application stores and internet hosting services from working with the platform.

In their filing to Chief Justice John Roberts, TikTok’s attorneys argue that the ban would silence the speech of both the company and its 170 million monthly American users. The platform currently serves as a communication channel for political discourse, commerce, arts, and other matters of public concern.

The application follows a December 6 ruling by the U.S. Court of Appeals for the D.C. Circuit that upheld the law. While the appeals court acknowledged that strict constitutional scrutiny should apply, it determined the Act could survive such review based on national security concerns about potential Chinese influence through TikTok’s foreign affiliates.

TikTok contends that less restrictive alternatives were available to address security concerns. The company points to its $2 billion investment in “Project Texas,” which includes storing U.S. user data with Oracle Corporation and allowing Oracle full access to review the platform’s source code. The filing notes that Congress did not adequately consider these security measures or other alternatives like mandatory disclosures before imposing an outright ban.

The company’s legal team, which includes former U.S. Solicitor General Noel Francisco, argues that the law specifically targets TikTok for “disfavored treatment” compared to other applications with foreign connections. They note that the Act automatically applies to ByteDance and TikTok without providing them the procedural protections available to other companies under the law’s general provisions.

TikTok emphasizes that the government has presented no evidence of actual harm, only potential risks. According to the filing, government declarations concede there is “no information that” China has “coerce[d] ByteDance or TikTok to covertly manipulate the information” on TikTok in the United States.

The filing notes that the ban’s timing could be significant, as multiple news reports indicate the incoming administration may take a different approach. President-elect Trump has publicly stated, “I’m gonna save TikTok,” and his designated National Security Advisor has expressed support for maintaining Americans’ access to the app.

TikTok requests a ruling by January 6 to allow time for mobile application stores and internet hosting providers to prepare if the injunction is denied. The company has asked that, at minimum, the Court issue a temporary administrative injunction if it hasn’t decided the application by that date.