Chinese social media app, TikTok, faces a critical legal battle that could determine its future in the United States (US), with the US Court of Appeals for the District of Columbia holding oral arguments in a case challenging a law that could ban the app in January 2025.
The legal challenge, brought forth by TikTok and ByteDance, the app’s parent company, argues that the law is unconstitutional and violates the free speech rights of Americans’. The companies contend that the ban is “a radical departure from this country’s tradition of championing an open internet.”
Driven by concerns among US lawmakers about China’s potential access to American data through TikTok, the measure was overwhelmingly approved by the US Congress in April this year. ByteDance has stated that a divestiture of TikTok is “not possible technologically, commercially, or legally” and that without a favourable court ruling, the unprecedented ban will go into effect on 19th January 2025.
Circuit Judges, Sri Srinivasan, Neomi Rao, and Douglas Ginsburg hold the role of considering the legal challenges brought by TikTok and its users. Both TikTok and the Justice Department have requested a ruling by 6th December, which could allow the US Supreme Court to take up the decision before any ban takes effect.
President Joe Biden signed the law in April, giving ByteDance until 19th January to sell TikTok or face a ban. However, the President has the option to extend the deadline by three months if he certifies that ByteDance is making progress toward a sale.
The White House and other supporters of the law argue that the measure is a challenge to Chinese-based ownership of the app, rather than a move to eliminate TikTok entirely. The White House has expressed a desire to see Chinese-based ownership ended on national security grounds, but not a complete ban on the app.
