TikTok ban: Justice Department, ByteDance ask appeals court to fast-track decision

The U.S. Justice Department and TikTok jointly urged a U.S. appeals court on Friday to expedite the consideration of legal challenges to a new law mandating China-based ByteDance to sell TikTok’s U.S. assets by Jan. 19 or face a ban.

Requesting a swift resolution from the U.S. Court of Appeals for the District of Columbia, TikTok, ByteDance, and a coalition of TikTok content creators sought a ruling by Dec. 6. This would enable them to seek Supreme Court review, if necessary, before the looming deadline.

A group of TikTok creators recently filed a lawsuit to oppose the law, citing its significant impact on American life, as the app is utilized by millions. Last week, TikTok and ByteDance filed a similar lawsuit, arguing that the law infringes upon First Amendment free speech protections and violates the U.S. Constitution.

Highlighting the broad public interest in the case due to TikTok’s extensive user base, both the U.S. Justice Department and TikTok petitioners emphasized the need for a prompt resolution.

TikTok expressed confidence that with an expedited schedule, the legal challenge could be resolved without requiring emergency preliminary injunctive relief.

Signed into law by President Joe Biden on April 24, the legislation mandates ByteDance to divest TikTok by Jan. 19 or face a ban. While the White House aims to end Chinese ownership of TikTok for national security reasons, it does not advocate for a ban on the app itself.

The parties requested the court to schedule oral arguments at the earliest opportunity during the September case calendar. Additionally, the Justice Department indicated the possibility of submitting classified material to support national security justifications to the court in confidence.

Earlier this week, the Justice Department asserted that the TikTok law addresses critical national security concerns while remaining consistent with the First Amendment and other constitutional constraints.

The law prohibits app stores like Apple and Google from offering TikTok and prohibits internet hosting services from supporting TikTok unless ByteDance divests from it.

Prompted by concerns among U.S. lawmakers regarding potential Chinese access to American data or espionage via the app, the legislation garnered overwhelming congressional support shortly after its introduction.