A U.S. appeals court is scheduled to hear oral arguments on September 16 regarding challenges to a law that would prohibit TikTok in the U.S. unless its China-based parent company, ByteDance, divests ownership by January 19.
TikTok and ByteDance are contesting the law, arguing that it violates constitutional principles, including free speech and individual liberty.
The outcome of these legal proceedings could determine whether TikTok, which has over 150 million users in the U.S., remains accessible for download. TikTok and several creators argue that the “divest or ban” law is unconstitutional and that meeting the January 19 divestment deadline is unfeasible.
The Chinese government has indicated it would oppose any forced sale of TikTok by ByteDance.
Previously, some members of Congress have expressed constitutional concerns about legislation targeting a specific company by name, which is a key point in the lawsuit. TikTok and ByteDance's May petition emphasized that Congress has never before created a speech regime with distinct rules for a single platform, while applying different rules to others.
This court challenge may delay the timeline for a potential ban beyond the January deadline set by the legislation. If implemented, a ban would likely remove TikTok from app stores but not from devices where it is already installed, according to the Associated Press.
Read the appeals court order here.
