TikTok on Tuesday filed the lawsuit to block the Protecting Americans from Foreign Adversary Controlled Applications Act from banning the app and its parent company ByteDance in the US.
The social platform filed its case in the US Court of Appeals in Columbia, arguing that the proposed ban would violate the country's First Amendment of free speech.
(Photo : Brendan Smialowski/AFP via Getty Images)
In the petition filed, TikTok and ByteDance cited previous "unlawful attempts" from the government to ban the app in the country.
The law, which US President Joe Biden passed last month, proposed the total ban of all ByteDance-owned apps in the US on the grounds of protecting US citizens' data from Chinese government intervention.
TikTok Disputes Supposed China Intervention on the App
The government has long alleged China of disrupting Americans' access to information despite the app storing all US user data and algorithms in a US-based cloud server.
TikTok even accused the government of taking an "unprecedented step of expressly singling out and banning" the app with its congressional power.
The Department of Justice and Biden's office have yet to provide a statement regarding the petition.
The move follows TikTok CEO Shou Zi Chew's earlier promise for a long legal battle to prevent the app from being banned in the US, vowing that "we aren't going anywhere."
Also Read: TikTok CEO Prepares for Legal Battle to Contest Looming US Ban
ByteDance: Proposed Divestment is Simply Not Possible
In addition to its criticisms of the intent of the legislation, ByteDance also scrutinized the short amount of time allotted to divest from TikTok if it wants
The platform maintained that the proposed divestiture "is simply not possible," especially with the 270-day timeline allowance for divestment.
ByteDance is only given until Jan. 19, 2025, to finalize its sales of TikTok to a non-Chinese business or face the ban.
It does not help that ByteDance is legally not allowed to sell TikTok's algorithm to the US at the risk of facing more lawsuits from other countries.
The Beijing-based company has earlier declared no intentions to ever sell the app to another company.
According to its own data, TikTok hosts over 170 million Americans and seven million businesses on its platform. All of which could be de-platformed once the app gets banned in the US.
The population only accumulates to 10% of the platform's total global user base.
Related Article: TikTok Owner ByteDance Prefers Nationwide Ban Than Sell the App to US, Sources Say
