The US Justice Department and TikTok have jointly requested expedited proceedings from the US Court of Appeals for the District of Columbia to address legal challenges against a new law mandating China-based ByteDance to divest TikTok's US assets by January 19 or face a ban. Both parties urged the court to issue a ruling by December 6, enabling them to pursue Supreme Court review if necessary before the impending deadline.
This appeal follows a lawsuit filed by a coalition of TikTok content creators earlier in the week, aiming to block the law, which they argue could result in the prohibition of the app used by millions of Americans and significantly impact American life. Additionally, TikTok and ByteDance previously initiated legal action, asserting that the law violates various constitutional principles, including First Amendment free speech protections.
The Justice Department and TikTok underscored the urgency of resolving the matter promptly due to the substantial public interest in the TikTok platform's fate. With a fast-track schedule, TikTok aims to address the legal challenge without resorting to emergency preliminary injunctive relief.
Enacted by President Joe Biden on April 24, the law mandates ByteDance to divest TikTok's US operations by January 19 or face prohibitive measures. Although the White House seeks to mitigate national security risks associated with Chinese ownership, it does not advocate for a complete ban on TikTok.
The parties involved in the legal dispute have requested oral arguments to be scheduled at the earliest opportunity during the September case calendar. Additionally, the Justice Department has indicated its intent to submit classified material to the court to support national security justifications in confidence.
Amid concerns about Chinese access to American data and potential espionage, the legislation garnered overwhelming bipartisan support in Congress, reflecting the perceived national security imperatives associated with the TikTok platform.
