TikTok and US seek to fast-track suit on divest-or-ban law
Last week, TikTok and parent company ByteDance filed a similar lawsuit, arguing that the law violates the US Constitution on a number of grounds including running afoul of First Amendment free speech protections.
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“In light of the large number of users of the TikTok platform, the public at large has a significant interest in the prompt disposition of this matter,” the US Justice Department and TikTok petitioners said.
TikTok said with a fast-track schedule it believes the legal challenge can be resolved without it needing to request emergency preliminary injunctive relief.
The law, signed by US President Joe Biden on April 24, gives ByteDance until January 19 to sell TikTok or face a ban. The White House says it wants to see Chinese-based ownership ended on national security grounds, but not a ban on TikTok.
The parties asked the court to set the case for oral arguments as soon as practical during the September case calendar. The Justice Department said it may file classified material to support the national security justifications in secret with the court.
Earlier this week the Justice Department said the TikTok law “addresses critical national security concerns in a manner that is consistent with the First Amendment and other constitutional limitations”.
The law prohibits app stores like Apple and Alphabet’s Google from offering TikTok and bars internet hosting services from supporting TikTok unless ByteDance divests TikTok.
Driven by worries among US lawmakers that China could access data on Americans or spy on them with the app, the measure was passed overwhelmingly in Congress just weeks after being introduced.