Court denies TikTok’s request to halt enforcement of potential US ban until Supreme Court review

UNDATED (AP)- A federal appeals court on Friday (Dec. 13, 2024)  left in place a mid-January deadline in a federal law requiring TikTok to be sold or face a ban in the United States, rejecting a request made by the company to halt enforcement until the Supreme Court reviews its challenge of the statute.

Attorneys for TikTok and its China-based parent company, ByteDance, are expected to appeal to the Supreme Court.

It’s unclear if the nation’s highest court will take up the case, though some legal experts have said they expect the justices to weigh in due to the types of novel questions it raises about social media, national security and the First Amendment. TikTok is also looking for a potential lifeline from President-elect Donald Trump, who promised to “save” the short-form video platform during the presidential campaign.

Attorneys for TikTok and ByteDance had requested the injunction after a panel of three judges on the U.S. Court of Appeals for the District of Columbia Circuit sided with the U.S. government and rejected their challenge to the law.

The court rejected that request on Friday, calling it “unwarranted.”

“The petitioners have not identified any case in which a court, after rejecting a constitutional challenge to an Act of Congress, has enjoined the Act from going into effect while review is sought in the Supreme Court,” said the court’s order, which was unsigned.

The statute, which was signed by President Joe Biden earlier this year, requires ByteDance to sell TikTok to an approved buyer due to national security concerns or face a ban in the U.S.

The U.S. has said it sees TikTok as a national security risk because ByteDance could be coerced by Chinese authorities to hand over U.S. user data or manipulate content on the platform for Beijing’s interests. TikTok has denied those claims and has argued that the government’s case rests on hypothetical future risks instead of proven facts.

In the request filed this week, attorneys for TikTok and ByteDance had asked for a “modest delay” in enforcement of the law so that the Supreme Court could review the case and the incoming Trump administration could “determine its position” on the matter.

If the law is not overturned, the two companies have said that the popular app will shut down by Jan. 19, just a day before Trump takes office again. More than 170 million American users would be affected, the companies have said.

The Justice Department had opposed TikTok’s request for a pause, saying in a court filing this week that the parties had already proposed a schedule that was “designed for the precise purpose” of allowing Supreme Court review of the law before it took effect.

The appeals court issued its Dec. 6 ruling on the matter in line with that schedule, the Justice Department filing said.

UNDATED (AP)- More than a dozen states and the District of Columbia have filed lawsuits against TikTok. They are alleging the popular short-form video app is designed to be addictive to kids and harms young people’s mental health. At the heart of each lawsuit is the TikTok algorithm, which powers what users see on the platform by populating the app’s main “For You” feed with content tailored to people’s interests. The lawsuits also emphasize design features that they say make children addicted to the platform. TikTok says it strongly disagrees with the claims. It says many of the allegations in the lawsuits are wrong and misleading.

UNDATED (AP)- More than a dozen states and the District of Columbia filed lawsuits against TikTok on Tuesday, saying that the popular short-form video app is designed to be addictive to kids and harms their mental health.

The lawsuits stem from a national investigation into TikTok, which was launched in March 2022 by a bipartisan coalition of attorneys general from many states, including New York, California, Kentucky and New Jersey. All of the complaints were filed in state courts.

At the heart of each lawsuit is the TikTok algorithm, which powers what users see on the platform by populating the app’s main “For You” feed with content tailored to people’s interests. The lawsuits note TikTok design features that they say addict children to the platform, such as the ability to scroll endlessly through content, push notifications that come with built-in “buzzes” and face filters that create unattainable appearances for users.

“They’ve chosen profit over the health and safety, well-being and future of our children,” California Attorney General Rob Bonta said at a news conference in San Francisco. “And that is not something we can accept. So we’ve sued.”

The latest lawsuits come nearly a year after dozens of states sued Instagram parent Meta Platforms Inc. in state and federal courts for harming young people and contributing to the youth mental health crisis by knowingly and deliberately designing addictive features that keep kids hooked on their platforms.

Keeping people on the platform is “how they generate massive ad revenue,” District of Columbia Attorney General Brian Schwalb said in an interview. “But unfortunately, that’s also how they generate adverse mental health impacts on the users.”

The legal challenges, which also include Google’s YouTube, are part of a growing reckoning against social media companies and their effects on young people’s lives. In some cases, the challenges have been coordinated in a way that resembles how states previously organized against the tobacco and pharmaceutical industries.

TikTok, though, is facing an even bigger obstacle, as its very existence in the U.S. is in question. Under a federal law that took effect earlier this year, TikTok could be banned from the U.S. by mid-January if its China-based parent company, ByteDance, doesn’t sell the platform by then. Both TikTok and ByteDance are challenging the law at an appeals court in Washington. A panel of three judges heard oral arguments in the case last month and are expected to issue a ruling, which could be appealed to the U.S. Supreme Court.

In its filings Tuesday, the District of Columbia called the algorithm “dopamine-inducing,” and said it was created to be intentionally addictive so the company could trap many young users into excessive use and keep them on its app for hours on end. TikTok does this despite knowing that these behaviors will lead to profound psychological and physiological harms, such as anxiety, depression, body dysmorphia and other long-lasting problems, the district said.

TikTok is disappointed that the lawsuits were filed after the company had been working with the attorneys general for two years on addressing to the issues, a spokesman said.

“We strongly disagree with these claims, many of which we believe to be inaccurate and misleading,” the TikTok spokesman. Alex Haurek, said. “We’re proud of and remain deeply committed to the work we’ve done to protect teens and we will continue to update and improve our product.”

The social media company does not allow children under 13 to sign up for its main service and restricts some content for everyone under 18. But Washington and several other states said in their filings that children can easily bypass those restrictions, allowing them to access the service adults use despite the company’s claims that its platform is safe for children.

The District of Columbia alleges TikTok is operating as an “unlicensed virtual economy” by allowing people to purchase TikTok Coins – a virtual currency within the platform – and send “Gifts” to streamers on TikTok LIVE who can cash it out for real money. TikTok takes a 50% commission on these financial transactions but hasn’t registered as a money transmitter with the U.S. Treasury Department or authorities in the district, according to the complaint.

Officials say teens are frequently exploited for sexually explicit content through TikTok’s LIVE streaming feature, which has allowed the app to operate essentially as a “virtual strip club” without any age restrictions. They say the cut the company gets from the financial transactions allows it to profit from exploitation.

The 14 attorneys general say the goal of their lawsuits is to stop TikTok from using these features, impose financial penalties for their alleged illegal practices and collect damages for users that have been harmed.

The use of social media among teens is nearly universal in the U.S. and many other parts of the world. Almost all teens ages 13 to 17 in the U.S. report using a social media platform, with about a third saying they use social media “almost constantly,” according to the Pew Research Center.

High school students who frequently use social media more commonly have persistent feelings of sadness or hopelessness, according to a new survey from the Centers for Disease Control and Prevention conducted last year in which about 20,000 teenagers participated.

Last week, Texas Attorney General Ken Paxton sued TikTok, alleging the company was sharing and selling minors’ personal information in violation of a new state law that prohibits these practices. TikTok, which disputes the allegations, is also fighting against a similar data-oriented federal lawsuit filed in August by the Department of Justice.

Several Republican-led states, including Nebraska, Kansas, New Hampshire, Kansas, Iowa and Arkansas, also previously sued the company, some unsuccessfully, over allegations it is harming children’s mental health, exposing them to “inappropriate” content or allowing young people to be sexually exploited on its platform.

UNDATED (AP)- TikTok creators across the country are expressing frustration over a bill passed by the U.S. House of Representatives (March 13, 2024) that would lead to a nationwide ban of the app if its China-based owner doesn’t sell its stake. The proposal is awaiting Senate input. Content creators say a ban would hurt countless people and businesses that rely on the app for a significant portion of their income. TikTok supporters also say the app is unrivaled platform for dialogue and community. The push to remove TikTok from Chinese authority follows concerns about the security of user data, interference in U.S. elections and the suppression of content unfavorable to Beijing, all of which TikTok denies.

UNDATED (AP)- Alex Pearlman shut the door on dreams of a standup comedy career almost a decade ago, pivoting from the stage to an office cubicle where he worked a customer service job.

Then he started posting random jokes and commentary about pop culture and politics on TikTok. Just over 2.5 million followers later, he quit his nine-to-five and recently booked his first nationwide tour.

Pearlman is among the many TikTok creators across the U.S. outraged over a bipartisan bill passed by the House of Representatives on Wednesday (March 13, 2024) that would lead to a nationwide ban of the popular video app if its China-based owner, ByteDance, doesn’t sell its stake. The bill still needs to go through the Senate, where its prospects are unclear.

Content creators say a ban would hurt countless people and businesses that rely on TikTok for a significant portion of their income, while also arguing TikTok has become an unrivaled platform for dialogue and community.

Pearlman, who lives outside Philadelphia, said TikTok has transformed his life, allowing him to live a dream, provide for his family and spend the first three months of his newborn son’s life at home. His customer service job only offered paternity leave equivalent to three weeks off, with two weeks paid.

“I don’t take a day for granted on this app, because it’s been so shocking,” said Pearlman, 39. “In reality, TikTok has been the driver of American social media for the last four years. Something will step into that place if TikTok vanishes tomorrow. Whether or not that will be better or worse, Congress has no way of knowing.”

TikTok, which launched in 2016, has skyrocketed in popularity, growing faster than Instagram, YouTube or Facebook. The push to remove the app from Chinese authority follows concerns from lawmakers, law enforcement and intelligence officials about the insecurity of user data, potential suppression of content unfavorable to the Chinese government and the possibility that the platform could boost pro-Beijing propaganda, all of which TikTok denies.

To date, the U.S. government hasn’t provided any evidence showing TikTok shared U.S. user data with Chinese authorities.

The move comes as the pandemic saw huge growth in digital marketing as people were stuck at home consuming — and creating — content at levels not seen before.

Jensen Savannah, a 29-year-old from Charlotte, began making TikToks of her travels around the Carolinas during the pandemic. Now a full-time influencer, she has tripled her income since leaving her telecommunications sales job.

“’Social media Influencer’ is almost to be looked at as the new print and the new form of radio and TV advertising,” she said. “It’s going to bring your dollar much farther than it is in traditional marketing.”

Some creators describe it as a digital equalizer of sorts, providing a platform for people of color and other marginalized groups to get opportunities and exposure.

“I’ve always had Twitter, I’ve had Facebook, I’ve had Instagram. But TikTok was the first one where, if you want to find somebody who looks like yourself and represents you in any type of way, you can find it,” said Joshua Dairen, a Black, 30-year-old content creator in Auburn, Alabama. Dairen makes videos about his state’s ghost stories, urban legends and history.

Growing up, he loved researching everything paranormal, but he didn’t see a lot of Black representation in the field. Exposure on TikTok has led to jobs writing freelance pieces and contributing to documentaries about paranormal occurrences and unsolved mysteries. The app also gave Dairen the flexibility and confidence to open his own coffee shop, where he gets visits at least once a day from fans of his work.

He thinks banning TikTok sets “a dangerous precedent about how much power our highest levels of government can wield.”

Others say the app is both a financial and social safety net.

Chris Bautista, a food truck owner in Los Angeles catering to television and movie sets, started using TikTok during the pandemic to connect with members of the LGBTQ+ community and show support for those who might be having a hard time.

Bautista, 37, grew up in a conservative Christian community outside LA and didn’t come out until his late 20s. As a young person, he struggled with his mental health and considered suicide. He wanted to create a platform he could have used as a teenager, one showing that someone like him could go to that dark place and come out the other side a “well-adjusted, confident person.”

“I just find the corners of TikTok that I find myself in to be so wildly important and profound,” according to Bautista, who said it would be “heartbreaking” if the app was banned.

Bautista didn’t start posting with the intention of monetizing the experience, but money from projects tied to the app came at the right time: If it wasn’t for the extra income he earned through TikTok during the pandemic and then the Hollywood strikes last year, his business would have shut down.

Almost since its inception, concerns have been raised about the addictive nature of the app, especially for young audiences whose minds are still developing. Marcus Bridgewater, a former private school teacher and administrator who owns his own business and posts TikTok gardening videos, wants Congress to be focused on those issues, and not whether the app is Chinese-owned.

“Social media is a powerful tool,” said Bridgewater, who lives in Spring, Texas. “And powerful tools are just that: They are capable of helping us transcend ourselves, but in their transcendence, they’re also capable of completely severing us from those we love.”

Pearlman said he has long feared politicians would come after TikTok. He compared the experience of finding out about the House vote to finally getting the call that an ailing loved one has died.

“The part that’s disturbing to me is, I feel like for a lot of Americans, TikTok and social media in general is a release valve — it’s kind of become a default complaint box,” he said. “So to many people, it feels like they’re trying to ban the complaint box instead of dealing with the complaint.”