The US Justice Department and TikTok and its parent firm, ByteDance, will square off in a pivotal court case in Washington, DC, on Monday. The firms aim to stop the widely used video-sharing software, which is used by 170 million Americans, from possibly being banned.
On January 19, oral arguments will be presented before a three-judge panel of the US Court of Appeals for the District of Columbia over whether TikTok should be ordered to sell off its US assets or face a statewide ban.
According to TikTok and ByteDance, the rule represents a “radical departure from this country’s tradition of championing an open Internet” and violates Americans’ right to free speech. It is also unlawful.
National security is the primary concern that is causing this legal impasse. The Chinese ownership of TikTok, according to US senators and the Justice Department, poses a severe concern because it might give the Chinese government access to personal information or allow it to be manipulated. ByteDance asserts that it is not possible to divest TikTok’s US operations and cautions that a ban would cause an extraordinary disruption.
The case’s date, which falls during the last few months of the 2024 presidential campaign, adds another layer of difficulty. Both Kamala Harris and Donald Trump use TikTok as a tool to interact with younger voters. If ByteDance makes headway in selling TikTok’s US assets, President Joe Biden might decide to extend the deadline of January 19. A political conundrum has been created, though, as Trump has stated that, should he be reelected, he would not back a complete ban.
By December 6, both parties hope to have a decision, which would allow the US Supreme Court to review an appeal before the planned ban goes into force.
For reasons of national security, the White House wants to take TikTok out of Chinese hands. The stakes are still very high for ByteDance’s international company as well as the millions of US users of TikTok as its legal team gets ready to present its case.