On Monday, TikTok and its parent company, ByteDance, will face the US Justice Department in a critical legal showdown in Washington, DC. The companies are trying to prevent a potential ban of TikTok, which is used by approximately 170 million Americans.
A three-judge panel from the US Court of Appeals for the District of Columbia will hear oral arguments on whether TikTok should be required to divest its US assets or face a nationwide ban by January 19. TikTok and ByteDance argue that the proposed action is unconstitutional and infringes on Americans’ free speech rights, marking a significant departure from the country’s tradition of supporting an open internet.
The main issue driving this legal conflict is national security. US lawmakers and the Justice Department argue that TikTok’s Chinese ownership poses a serious risk, potentially allowing the Chinese government to access personal data or manipulate information. ByteDance argues that divesting TikTok’s US operations is not practical and warns that a ban would lead to unprecedented disruption.
The timing of the case adds complexity, coinciding with the final months of the 2024 presidential campaign. Both Donald Trump and Kamala Harris are active on TikTok, using the platform to engage younger voters. President Joe Biden may extend the January 19 deadline if ByteDance makes progress in selling TikTok’s US assets. However, Trump has stated that he would not support a full ban if re-elected, creating a political paradox.
Both parties have requested a ruling by December 6, which could allow the US Supreme Court to consider an appeal before the proposed ban takes effect. The White House aims to end TikTok’s Chinese-based ownership for national security reasons. As TikTok’s legal team prepares for the case, the stakes remain high for the platform’s millions of US users and ByteDance’s global business.
