The US TikTok Ban Will Head to Appeals Court This September

The court will hear two suits, one filed by the app’s legal team and another by a group of creators.

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When President Biden signed the TikTok ban into effect in April, the clock began for parent company ByteDance to either divest from the app or see it banned in the country. The bill gave ByteDance a timeline to sell its stake to a non-Chinese buyer before January 19, 2025.

Just weeks later, TikTok filed a lawsuit against the US Government, arguing that the ban is unconstitutional and violates the First Amendment “by effectively removing an app that millions of Americans use to share their views and communicate freely.” TikTok’s legal team also said that divesting within the 270-day time window was “simply not possible.”

A group of TikTok creators separately filed their own suit to block the ban, arguing it has had “a profound effect on American life.”

Both cases will be brought before a US appeals court this fall. TikTok and the creators had both requested to fast-track the hearing, given the looming deadline. The court will hear oral arguments sometime in September and the app and creators are required to submit their legal briefs to the Justice Department by late July.

TikTok and the Justice Department have asked for a ruling by December 6, so that the case can be heard by the Supreme Court if necessary.

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