ByteDance Ltd., the China-based parent company of TikTok, has petitioned an appeals court to expedite its legal challenge against a US law mandating the sale of the video-sharing app or face a ban.
In a filing on Friday, lawyers representing ByteDance and TikTok emphasized the urgency of the case, citing the potential for irreparable harm if prompt action is not taken. The lawsuit seeks to contest a law that would require ByteDance to divest itself of TikTok by January 19 or risk a ban in the US. Signed into law by President Joe Biden in April, the legislation aims to address concerns over national security, citing fears of Chinese government access to user data and influence over American citizens through the platform.
ByteDance’s request for expedited consideration was supported by eight TikTok creators who have separately challenged the law in court, aiming to block its implementation.
The legal battle, characterized by a clash between free speech rights and national security interests, is anticipated to be lengthy, possibly reaching the US Supreme Court. Analysts predict that if the DC Circuit expedites the case and it reaches the Supreme Court, a decision could be reached by the second quarter of 2025.
TikTok urged the appeals court to rule on the case’s merits by December 6, allowing sufficient time to seek emergency review by the Supreme Court if necessary.
In its complaint, TikTok argues that the law is unconstitutional as it infringes upon free speech rights, representing an unprecedented restriction on a specific speech platform. Additionally, TikTok contends that the mandated divestiture outlined in the law is not feasible within the prescribed 270-day timeline.
The outcome of this legal challenge will have significant implications for the future of TikTok’s operations in the US and may shape the broader landscape of online free speech and national security regulation.
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