TikTok Ban Decision Looms Close to U.S. Election

An appeals court is set to consider the potential ban of TikTok just weeks before the presidential election, as arguments are scheduled for mid-September. The court will hear from TikTok and its parent company ByteDance, along with creators who are challenging a new federal law requiring the sale of the app or facing a U.S. ban. This leaves TikTok’s future uncertain, with just four months before a potential ban could be enforced and less than two months before the election.

The U.S. Court of Appeals for the D.C. Circuit has scheduled oral arguments for September 16, following a lawsuit filed by TikTok and ByteDance in May. The lawsuit alleges that the law, which was signed by President Joe Biden, violates the First Amendment and imposes an unrealistic timeline for a sale. A group of eight TikTok users has also sued the government, claiming that the law violates their First Amendment rights and would eliminate a key form of communication in American life. This appeal has been combined with TikTok’s lawsuit.

Legal briefs for the arguments must be filed by July 26, with reply briefs due by August 15, according to Reuters. The appeal comes as TikTok’s popularity in the U.S. continues to grow, with approximately 170 million American users, as noted in the appeal by the eight users.

The court’s schedule places oral arguments just weeks before the November presidential election, adding a political dimension to the case. Former President Donald Trump has criticized Biden over the potential ban, despite his own previous efforts to force a sale of TikTok during his presidency.

The background of the case stems from Biden signing a bill in April that requires TikTok to be sold or banned in the U.S. by January 19, 2025, citing national security concerns. This followed years of scrutiny over TikTok’s ownership by a Chinese company, ByteDance. Concerns have been raised that ByteDance could share user data with the Chinese government or manipulate content to align with China’s foreign policy. TikTok and ByteDance have denied any ties to the Chinese government.

Efforts to ban TikTok have been ongoing for years, with Trump’s attempt to force a sale through an executive order in 2020 being challenged successfully by the app. However, TikTok has been banned from government-owned devices since 2022, with several states also implementing bans on state-owned devices.