A U.S. appeals court set a fast-track schedule on Tuesday to address the legal challenges against a new law requiring China-based ByteDance to divest TikTok’s U.S. assets by January 19 or face a ban. The U.S. Court of Appeals for the District of Columbia scheduled oral arguments for September after TikTok, ByteDance, and a group of TikTok content creators, along with the Justice Department, requested a quick schedule earlier this month.
On May 14, a group of TikTok creators filed a lawsuit to block the law that could ban the app used by 170 million Americans, arguing that it has had “a profound effect on American life.” TikTok and ByteDance had filed a similar lawsuit prior to this.
Under the appeals court schedule, the creators, TikTok, and ByteDance must submit legal briefs by June 20. The Justice Department must file its brief by July 26, and reply briefs are due by August 15.
TikTok stated that with a fast-track schedule, it believes it can resolve the legal challenge without needing to request emergency preliminary injunctive relief. Both TikTok and the Justice Department seek a ruling by December 6 to allow for a potential Supreme Court review.
President Joe Biden signed the law on April 24, giving ByteDance until January 19 to sell TikTok or face a ban. The White House aims to end Chinese-based ownership of TikTok on national security grounds but does not want to ban the app.
The law prohibits app stores like Apple’s and Alphabet’s Google from offering TikTok and bars internet hosting services from supporting TikTok unless ByteDance divests it. U.S. lawmakers, concerned that China could use the app to access data on Americans or spy on them, passed the measure overwhelmingly in Congress just weeks after its introduction.
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