A three-judge federal appeals court panel is set to review ByteDance’s attempt to keep operating TikTok in the U.S. without divesting its assets. The court will consider three cases: one from TikTok and ByteDance, another from a group of creators, and a third from BASED Politics, a media nonprofit.
These cases challenge a recent law signed by President Biden that requires ByteDance to either sell its stake in TikTok or face a ban on U.S. app marketplaces. The challengers argue that this legislation is unconstitutional.
During Monday’s hearing, Justice Department representatives will defend the national security rationale behind the law, while ByteDance and its supporters will argue that a ban on TikTok would infringe on free speech rights. ByteDance has claimed that the law represents an unprecedented restriction on speech, affecting a platform used by 170 million Americans.
The legislation mandates that TikTok must either find a buyer by January 19 or cease operations in the U.S. The appeals court might delay the enforcement of the law while ByteDance explores legal avenues.
Additionally, the Justice Department has submitted classified information related to the case, limiting public and TikTok’s access to key evidence.
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