TikTok is submitting an emergency request to prevent the ban from taking effect

TikTok is submitting an emergency request to prevent the ban from taking effect

TikTok on Monday filed for an emergency stay of a law that would ban the popular social media app next month.

A temporary repeal of the measure would give the Supreme Court time to decide whether it should review the law, the company said in a court filing.

The replenishment comes days after TikTok — which has more than 170 million U.S. users — lost a lawsuit challenging the measure in a federal appeals court.

A stay of the law would give the Supreme Court time to decide whether it should “consider this exceptionally important case,” TikTok said in court filings Monday.

Justice Department lawyers on Monday asked the federal court to deny TikTok’s request for a preliminary injunction. The DOJ said it plans to file a formal motion opposing TikTok’s application as early as Wednesday, but the government agency asked the court to reject TikTok’s application before then.

“The Court is familiar with the relevant facts and law and has conclusively rejected plaintiffs’ constitutional claims in a thorough decision that recognizes the critical national security interests underlying the law,” DOJ attorneys said.

The law would impose a nationwide ban on TikTok starting January 19, 2025 unless the company finds another owner.

The ban would take effect a day before the inauguration of President-elect Donald Trump, who has signaled he would seek to overturn a possible ban.

The legal pause would also give the Trump administration a chance to decide its approach to TikTok, the company’s legal filings say.

TikTok had challenged the law on First Amendment grounds, arguing that a possible ban would deny American users access to a popular place for public expression. Lawyers for the company also disputed claims that the app posed a national security risk.

In a ruling Friday, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit rejected TikTok’s attempt to strike down the law.

The Federal Court found security concerns regarding possible data collection or content manipulation by the Chinese government to be justified.

Each of these two concerns “represents an independently compelling national security interest,” the court said. The court cited previous cases in which the Chinese government tracked data and noted that the government used relationships with Chinese-owned companies.

TikTok content creators gather outside the Capitol in Washington, DC on March 22, 2023 to express their opposition to a possible ban on the app and highlight the platform’s impact on their livelihoods and communities.

Nathan Posner/Getty Images

The China-based app has come under increasing scrutiny from government officials amid concerns that user data could come into the possession of the Chinese government and that the app could be used as a weapon by China to spread misinformation. TikTok’s parent company, ByteDance, has denied these claims.

There is little evidence that TikTok shared U.S. user data with the Chinese government or that the Chinese government asked the app to do so, cybersecurity experts previously told ABC News.

In a statement on Monday, TikTok called on the Supreme Court to intervene on its behalf.

“The Supreme Court has a long history of protecting Americans’ right to free speech, and we expect it will do just that on this important constitutional issue,” the company said. “Unfortunately, the TikTok ban was designed and enforced based on inaccurate, erroneous and hypothetical information that results in total censorship of the American people.”

ABC News’ Steven Portnoy contributed to this report.

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