Monday’s court hearing is crucial in the legal struggle between TikTok and its parent company ByteDance. As they attempt to overturn legislation that could prohibit the app, which is used by 170 million Americans, the decision could come as early as January 19.
Oral arguments about the legal challenge will take place before the U.S. Court of Appeals for the District of Columbia. Consequently, the outcome could have significant implications for the future of TikTok, a Chinese-owned company, during the closing weeks of the 2024 presidential election.
In an effort to win over younger voters, vice president Kamala Harris and Republican presidential contender Donald Trump are both active on TikTok.
TikTok and ByteDance assert that the rule is unconstitutional and infringes upon Americans’ right to free speech. Furthermore, they describe it as “a radical departure from this country’s tradition of championing an open Internet.”
US lawmakers expressed concerns about China’s potential to obtain American data or spy on individuals through the app. Congress overwhelmingly approved the bill in April, just a few weeks after its initial proposal.
ByteDance has stated that a divestment is “not possible technologically, commercially, or legally.” In the absence of a court decision, an extraordinary ban will take effect on January 19. Judges Sri Srinivasan, Neomi Rao, and Douglas Ginsburg of the Circuit Court will review the legal challenges filed by users and TikTok.
The U.S. Supreme Court may hear the case before any restriction goes into effect because TikTok and the Justice Department have requested a decision by December 6.
The bill was signed by President Joe Biden in April, and ByteDance has until January 19 to sell TikTok or risk being banned. However, he has the authority to extend the deadline by an additional three months if he determines that ByteDance is moving closer to a sale.
Supporters of the law, including the White House, insisted that the act aims to test the ownership of the app by Chinese companies. However, they clarified that it does not seek to completely remove TikTok.
The White House does not want a ban on TikTok. Instead, it aims to terminate Chinese-based ownership for national security reasons.
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