US, TikTok seek fast-track schedule, ruling by Dec. 6 on potential ban

The U.S. Department of Justice and TikTok have jointly requested a swift consideration from a U.S. appeals court regarding legal challenges to a new law mandating China-based ByteDance to divest TikTok’s U.S. assets by Jan. 19 or risk a ban. TikTok, ByteDance, and a coalition of TikTok content creators have urged the U.S. Court of Appeals for the District of Columbia to deliver a ruling by Dec. 6, allowing them to seek review from the Supreme Court if necessary before the deadline.

A group of TikTok creators filed a lawsuit on Tuesday seeking to block the law, arguing that it could affect the app’s 170 million American users significantly, impacting American life. Last week, TikTok and ByteDance also filed a similar lawsuit, contending that the law violates several aspects of the U.S. Constitution, including First Amendment free speech protections. The petitioners, including the U.S. Justice Department and TikTok, emphasized the public’s significant interest in a swift resolution of the matter due to the platform’s extensive user base.

TikTok expressed confidence that a fast-track schedule could resolve the legal challenge without the need for emergency preliminary injunctive relief. The law, signed by President Joe Biden in April, stipulates that ByteDance must sell TikTok by Jan. 19 or face a ban, citing national security concerns regarding Chinese ownership. The parties have urged the court to schedule oral arguments as soon as practicable during the September case calendar. Additionally, the Justice Department indicated the possibility of submitting classified material to the court to support national security justifications.

Beyond the Deadline:

Earlier this week, the Justice Department asserted that the TikTok law aligns with critical national security concerns while being consistent with constitutional limitations, including the First Amendment. The law prohibits app stores like Apple and Alphabet’s Google from offering TikTok and prevents internet hosting services from supporting TikTok unless ByteDance divests its ownership. Prompted by concerns among U.S. lawmakers regarding potential Chinese access to American data or espionage through the app, the measure garnered overwhelming congressional support shortly after its introduction.