The U.S. Justice Department and TikTok have asked a U.S. appeals court jointly to expedite the review of legal challenges against a new law that mandates China-based ByteDance to divest its U.S. assets of TikTok by January 19 or face a ban.
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| Is TikTok Ban in USA |
The Urgency Behind the Request
On Friday, TikTok and ByteDance, along with a group of TikTok content creators, urged the District of Columbia Circuit Court of Appeals to issue a decision by December 6 in the hopes that there will be time enough for the Supreme Court to take the matter up for review before the January deadline
Legal Challenges and Concerns
A last-minute regulation was temporarily blocked after a coalition of TikTok creators sued to stop its enforcement, saying that prohibiting an app used by 170 million Americans would introduce deep and wide-reaching changes to American life. TikTok and ByteDance had already jointly filed a similar lawsuit against the law, arguing that its application is unconstitutional, including free speech protections under the U.S. Constitution's First Amendment. The Justice Department and TikTok both emphasized the need for prompt action given the millions of TikTok users. Both argue that an expedited schedule should be sufficient to consider the legal issues raised without their needing to seek emergency injunctive relief.
The New Law and Its Implications
The President signed the measure into law on April 24, giving ByteDance until January 19 to divest TikTok or face a U.S. ban. The White House says it intends to effectively end Chinese-based ownership of TikTok, not the app itself, for national security reasons. The parties requested the court schedule oral arguments to the earliest possible date in September. Its national security arguments are furthered by the fact the Department of Justice might make filings with the court containing classified material.
Government's Stance on National Security
Late last week, the Justice Department said the TikTok legislation "averts a national security threat in a manner suitable to the First Amendment and other fundamental constitutional principles." The DOJ order also prohibits app stores, which include Apple and Google, from offering TikTok, and prohibits internet hosting services from being able to lend support to TikTok unless ByteDance offloads the app.
Congressional Concerns
The lawmakers in the United States were even afraid that the Chinese might take advantage of TikTok to record the information of some Americans or even spy on them. For this reason, with such heavy majority support, the law had already got into the floor of Congress and been passed in, only weeks after its introduction.
FAQs
Why is TikTok being targeted by the U.S. government?
The U.S. government is concerned about national security risks, specifically that the Chinese government could access American users' data or use the app for espionage.
What does the new law require ByteDance to do?
The new law requires ByteDance to divest its U.S. assets of TikTok by January 19, or face a ban on the app in the U.S.
How many Americans use TikTok?
Approximately 170 million Americans use TikTok, making it one of the most popular social media platforms in the country.
What are the legal arguments against the new law?
TikTok, ByteDance, and a group of TikTok creators argue that the law violates the U.S. Constitution, including the First Amendment's free speech protections.
What happens if ByteDance does not comply with the new law?
If ByteDance does not sell TikTok's U.S. assets by the January 19 deadline, the app will be banned in the United States.
How is the Justice Department supporting its case?
The Justice Department may submit classified materials to the court to justify the national security concerns behind the new law.
What are the next steps in the legal process?
The parties involved have requested the court to expedite the review and schedule oral arguments in September, aiming for a resolution by December 6.
By breaking down the complex legal and political issues surrounding the TikTok ban, we hope to make this situation more understandable for the general public.
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