TikTok, ByteDance, and a group of TikTok content providers joined forces with the Justice Department to urge the U.S. Court of Appeals for the District of Columbia to rule by December 6.
TakeAway Points:
- The Justice Department and TikTok on Friday jointly requested a U.S. appeals court to expedite the review of the legal objections to a recently enacted statute that requires China-based ByteDance to sell off its U.S. assets or risk suspension by January 19.
- TikTok and parent firm ByteDance filed a similar lawsuit last week, claiming that the rule is unconstitutional under the U.S. Constitution for several reasons, including violating the First Amendment’s rights to free speech.
TikTok seeks Review
In order to be able to seek review from the Supreme Court before the U.S. deadline, the U.S. Justice Department and TikTok on Friday jointly requested a U.S. appeals court to expedite the review of the legal objections to a recently enacted statute that requires China-based ByteDance to sell off its U.S. assets or risk suspension. The deadline for doing so is January 19.
According to the report, this move followed the declaration on Tuesday by a group of TikTok founders that the app has had “a profound effect on American life” and the filing of a lawsuit to repeal the law that might outlaw the 170 million-user app.
First Amendment’s Rights to Free Speech
TikTok and parent firm ByteDance filed a similar lawsuit last week, claiming that the rule is unconstitutional under the U.S. Constitution for several reasons, including violating the First Amendment’s rights to free speech.
“In light of the large number of users of the TikTok platform, the public at large has a significant interest in the prompt disposition of this matter,” the U.S. Justice Department and TikTok petitioners said.
With an accelerated timeline, TikTok stated that it hopes to settle the legal dispute without having to ask for immediate preliminary injunctive relief.
As per the passed legislation by President Joe Biden on April 24, ByteDance has until January 19 to sell TikTok or risk being banned. The White House claims that, while a ban on TikTok is not on the cards, it does want Chinese-based ownership to terminate for national security reasons.
As soon as possible, within the September case calendar, the parties requested that the court schedule oral arguments in this case. The Department of Justice stated that it could submit sensitive documents to the court in private to bolster national security arguments.
The Justice Department stated earlier this week that the TikTok law “addresses critical national security concerns in a manner that is consistent with the First Amendment and other constitutional limitations.”
Companies Prohibited from Partnering with TikTok
Internet hosting companies are also prohibited from supporting TikTok by law, until ByteDance divests TikTok. App shops such as Apple and Alphabet’s Google are prohibited from supplying TikTok.
Just a few weeks after it was proposed, the legislation was enacted by Congress with overwhelming support, fueled by concerns expressed by American politicians that China may use the app to access American data or spy on them.
