The lawyers for TikTok and its parent company, ByteDance, will square off against the Justice Department in a Washington courtroom on Monday, seeking to prevent a law that could ban the popular short video app from taking effect as early as January 19.
The high-stakes battle revolves around a law passed by Congress in April, which gave ByteDance an ultimatum: sell or divest TikTok’s U.S. assets by January 19 or face a ban.
The Justice Department has deemed TikTok a serious national security threat, citing concerns that China could access data on Americans or spy on them through the app.
TikTok and ByteDance have launched a legal challenge, arguing that the law is unconstitutional and violates Americans’ free speech rights.
In a scathing critique, they describe the law as “a radical departure from this country’s tradition of championing an open Internet.”
A three-judge panel of the U.S. Court of Appeals for the District of Columbia would hear oral arguments on Monday, with Circuit Judges Sri Srinivasan, Neomi Rao, and Douglas Ginsburg set to consider the legal challenges brought by TikTok and users against the law.
The Justice Department has asserted that TikTok’s Chinese ownership poses a significant threat, claiming that China can covertly manipulate information consumed by Americans through the app.
“The serious national-security threat posed by TikTok is real,” the department said in a statement.
ByteDance has pushed back, insisting that divestiture is “not possible technologically, commercially, or legally” and that without a court ruling, it will lead to an unprecedented ban.
Both TikTok and the Justice Department have requested a ruling by December 6, which could allow the U.S. Supreme Court to consider an appeal before any ban takes effect.
The White House has expressed its desire to see Chinese-based ownership ended on national security grounds but has stopped short of calling for a ban on TikTok.
Republican presidential candidate Donald Trump, who previously attempted to ban TikTok in 2020, has stated that he would not allow a ban if elected.
As the presidential campaign enters its final weeks, the hearing takes on added significance, with both Trump and Vice President Kamala Harris actively using TikTok to court younger voters.
The app’s fate hangs in the balance, with millions of American users waiting with bated breath for the outcome.
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