TikTok and its parent company, ByteDance, are set to face a pivotal court hearing on Monday in their ongoing legal battle against a law that could potentially ban the app, which is used by 170 million Americans, starting January 19.
The US Court of Appeals for the District of Columbia will hear oral arguments on the challenge, placing TikTok’s future at a critical juncture during the final weeks of the 2024 presidential election. Both Republican presidential candidate Donald Trump and Vice President Kamala Harris are actively using TikTok to engage younger voters.
TikTok and ByteDance contend that the law is unconstitutional and infringes upon Americans’ free speech rights, describing it as “a radical departure from the tradition of supporting an open Internet.”
The measure, driven by concerns that China could access American data or use the app for espionage, was passed overwhelmingly in Congress in April, just weeks after its introduction.
ByteDance has stated that a divestiture is “not possible technologically, commercially, or legally,” warning that without a court ruling, the app could face an unprecedented ban on January 19. Circuit Judges Sri Srinivasan, Neomi Rao, and Douglas Ginsburg will review the legal challenges presented by TikTok and its users.
TikTok and the Justice Department have requested a decision by December 6, which could allow the U.S. Supreme Court to address the matter before any potential ban takes effect.
President Joe Biden signed the law in April, giving ByteDance until January 19 to divest TikTok or face a ban. However, he 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 supporters of the law argue that it is aimed at addressing concerns about Chinese ownership of the app, rather than eliminating TikTok itself. They emphasize that the goal is to end Chinese-based ownership for national security reasons, not to ban the app.
