After President Jo Biden passed legislation to potentially ban TikTok in the United States, the government faces pushback from the company and its users.
The law states that the app will be banned if ByteDance, TikTok’s China-based parent company, does not divest from the platform’s U.S. operation within 270 days. Following approval from the Senate and Biden, the company has until January 19 to take action.
Now that ByteDance is one month into the nine-month ultimatum, lawsuits against the government have surfaced. The company and some content creators argue that the law, known as the Protecting Americans From Foreign Adversary Controlled Applications Act, is unconstitutional.
But where will the potential ban go from here? Here’s what we can expect to see as TikTok’s deadline approaches:
The ongoing lawsuits
ByteDance responded to the potential ban with a lawsuit. They claim that banning TikTok in the U.S. infringes on users’ First Amendment rights and divestment would be impossible.
ByteDance said that because users speak on TikTok through the content they post, banning TikTok would strip users of a platform to exercise their freedom of speech. They said the ban would bar users from accessing the community within TikTok and take away individual rights.
Beyond concerns about individual rights, ByteDance furthered their argument by stating that the divestment of TikTok would be impossible. While the law presents the company with a choice to either divest from TikTok or see a nationwide ban, ByteDance said they are left with no options due to the complexity of the request.
The parent company said the “qualified divesture” the U.S. government requests would fundamentally change the app. They said sharing the code would be commercially and technologically complicated. Even if there was a solution, the divestment could not be done before the January 19 deadline, according to ByteDance.
Eight TikTok creators also sued the government in May for interfering with users’ First Amendment rights through the potential ban. Having gathered an audience through the platform, they say banning the app would take away their freedom of expression. TikTok said they are covering the legal fees for the creators’ lawsuits in support of them.
Where will the lawsuits go from here?
Since lawsuits against the U.S. government’s potential TikTok ban have surfaced, The U.S. Court of Appeals for the District of Columbia has agreed to hear the company and creators’ arguments in September.
ByteDance and the creators worked with the Department of Justice to express the situation’s urgency and achieve a fast-tracked schedule. Under the revised schedule, they must file legal briefs by June 20 and reply briefs by August 15.
With the expedited process, the company, creators and Department of Justice push for a ruling by December 6. The fast-tracked date allows for review from the Supreme Court if necessary before the 270 days are up.
How will the appeals court rule on the TikTok ban?
While remaining unclear on how the appeals court will rule, both sides will put up a hard fight.
Through their petitions to review the law, ByteDance and the content creators display the main points of their case. They will continue to argue to the court that the potential banning of TikTok strips users of their First Amendment Rights and is unconstitutional overall.
Additionally, the parent company will fight that the choice for ByteDance to divest from the platform’s American operations is unrealistic, and the creators will argue that the ban would take away valued online communities.
However, the government could argue that the alternative option is feasible and a potential ban is justified through important government interests.
The government has expressed flexibility in the set deadline. They have offered a potential extension given that ByteDance has taken steps toward the divestment of the platform by the January 19 deadline. Because of this, the government could argue in court that they have provided an appropriate alternative option to prevent the ban of TikTok.
They may also argue that a potential ban can be justified through the important government interest of national security threats. The law has passed through Congress and Biden due to concerns that the Chinese government gains access to sensitive data through the app. Since the law only limits speech that occurs on TikTok, the government could argue the ban is constitutional.
What would the TikTok ban look like?
Suppose ByteDance does not take adequate steps to divest from the platform by their set deadline and the courts eventually rule in favor of the government. In that case, the potential TikTok ban may become a reality. But that doesn’t necessarily mean the government will delete TikTok from all U.S. devices and make scrolling on the app against the law.
Instead, the platform would be unavailable to download on any app store. Anyone who does not have the app on their device would be unable to install it. While previous users could continue using the app, TikTok wouldn’t be able to send updates or address bugs. The platform would eventually become unusable.
As court hearings and deadlines inch closer, users wait to hear more updates on the situation. While bans on the platform have been attempted in the past, the unprecedented support and legislation from the government leaves the future of TikTok in the United States uncertain.
