On Friday, the U.S. Justice Department and TikTok jointly requested a U.S. appeals court to expedite a schedule to address legal challenges to a new law mandating China-based ByteDance to sell TikTok’s U.S. assets by January 19 or face a ban. They seek a ruling by December 6, allowing potential Supreme Court review before the deadline.
TikTok, ByteDance, and a coalition of TikTok content creators have aligned with the Justice Department in urging the U.S. Court of Appeals for the District of Columbia to expedite the process. The aim is to enable swift resolution and potential Supreme Court review due to the significance of the impending deadline.
Earlier in the week, a group of TikTok creators initiated legal action to block the law, expressing concerns about its potential impact on the millions of Americans who use the app. Additionally, TikTok and ByteDance previously filed a lawsuit, asserting constitutional violations, including infringement of First Amendment rights.
Given TikTok’s extensive user base, both the U.S. Justice Department and TikTok underscored the public’s substantial interest in the expeditious handling of the matter. They believe that a fast-track schedule would facilitate the resolution of the legal challenge without necessitating emergency injunctive relief.
Signed by President Joe Biden on April 24, the law requires ByteDance to divest TikTok by January 19, citing national security concerns. However, the White House emphasizes the desire to mitigate Chinese-based ownership without resorting to a TikTok ban.
The parties have urged the court to schedule oral arguments at the earliest convenience during the September case calendar. The Justice Department may also submit classified material in confidence to support national security justifications.
The law, aimed at addressing national security apprehensions regarding potential data access or surveillance by China, garnered overwhelming bipartisan support in Congress shortly after its introduction.
