TikTok and ByteDance are challenging the US government in court over the legislation that could potentially ban the app, setting off a legal battle that could extend through mid-2025. The lawsuit was filed in the District of Columbia Federal Court of Appeals on May 7 by TikTok and ByteDance, both based in China, in response to the Protecting Americans from Apps Act signed by President Joe Biden on April 24. This law requires ByteDance to divest its stake in TikTok or face a ban in the US.
The lawsuit argues that this is the first time in history that the US Congress has passed a law that could lead to a nationwide ban of a platform. The deadline for ByteDance to sell TikTok is January 19, 2025, with a provision for a 90-day extension if significant progress is made. By filing the lawsuit in the District of Columbia Federal Court of Appeals, TikTok and ByteDance aim to address this issue with the specialized jurisdiction specified in the law.
ByteDance’s reluctance to sell its shares in TikTok indicates that a lengthy legal battle with the US government may be looming, potentially involving the US Supreme Court. The lawsuit alleges that the ban on the social networking platform violates the First Amendment’s protection of freedom of speech. It also claims that divesting TikTok from ByteDance is not feasible from commercial, technological, and legal standpoints.
TikTok and ByteDance assert that the law not only hampers American content creators who benefit from the platform but also fails to address security concerns adequately. The companies argue that they have taken steps to ensure data security by separating operations in the US from China, with user data stored on US soil and not transferred to China as feared by the US government. Despite the government’s national security concerns, evidence supporting the necessity of the law has not been provided.
Legal experts suggest that the court will scrutinize the validity of the law and whether it violates the First Amendment. They also point out that the bipartisan nature of the law may sway the court in favor of the government, although the lack of concrete evidence regarding national security risks could be a significant hurdle.
The outcome of this legal battle could have far-reaching implications for both TikTok and the US government. If the case reaches the Supreme Court, a ruling might be expected by the second quarter of 2025. The White House’s stance on national security concerns and TikTok’s defense of free speech rights will likely be critical factors in shaping the court’s decision.