TikTok, ByteDance and a group of TikTok content creators
joined with the Justice Department in asking the U.S. Court of Appeals for the
District of Columbia to rule by Dec. 6 to be able to seek review from the
Supreme Court if needed before the U.S. deadline.
On Tuesday, a group of TikTok creators filed suit to block
the law that could ban the app used by 170 million Americans, saying it has had
"a profound effect on American life."
Last week, TikTok and parent company ByteDance filed a
similar lawsuit, arguing that the law violates the U.S. Constitution on a
number of grounds including running afoul of First Amendment free speech
protections.
"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 U.S. 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 President Joe Biden on April 24, gives
ByteDance until Jan. 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 U.S. 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.