Lawyers for TikTok and its parent company, ByteDance, are gearing up for a critical court battle with the Justice Department. This legal clash will unfold on Monday in a Washington courtroom, where a three-judge panel from the US Court of Appeals for the District of Columbia will deliberate on TikTok’s fate. The dispute centers on a law that could ban the popular video app, used by 170 million Americans, starting January 19.
TikTok is gearing up for battle with the DOJ
The legal battle focuses on a new law that forces ByteDance to sell its US assets or face a ban. TikTok and ByteDance argue that the law breaks constitutional rights. They call it a “radical departure” from America’s tradition of an open internet and claim it violates free speech rights.
The law, passed overwhelmingly by Congress in April, emerged from concerns that TikTok, under Chinese ownership, might pose a national security threat. Lawmakers worry that China could exploit TikTok to access American users’ personal data or influence their information consumption covertly. The Justice Department has emphasized the seriousness of these concerns, asserting that the threat posed by TikTok is substantial.
The upcoming court hearing could significantly impact TikTok’s future. President Biden has the option to extend the January 19 deadline by three months if ByteDance shows substantial progress toward divesting TikTok. However, this legal uncertainty comes at a critical time, coinciding with the final weeks of the presidential campaign.
Republican candidate Donald Trump and Vice President Kamala Harris, both active on TikTok, have leveraged the platform to engage younger voters. While Trump previously attempted to ban TikTok in 2020, he has recently stated that he would not support a ban if re-elected. In contrast, the White House remains focused on ending Chinese ownership of TikTok but is wary of an outright ban.
Legal and technological challenges
ByteDance has claimed that divesting TikTok is technologically, commercially, and legally unfeasible. The company argues that without a court ruling, the implementation of a ban would be unprecedented and detrimental. TikTok and the Justice Department have requested a ruling by December 6, allowing time for the U.S. Supreme Court to review any potential appeal before the ban takes effect.
The outcome of this case will decide the app’s future in the US. The TikTok Justice Department US ban could set a key precedent for balancing national security with personal freedoms in the digital age.