Attorneys representing TikTok and its parent company, ByteDance, will engage in a legal battle with the Justice Department in a Washington courtroom on Monday regarding a law that could potentially prohibit the short video platform, utilized by 170 million Americans, as early as January 19.

A three-judge panel from the US Court of Appeals for the District of Columbia will hear oral arguments concerning a legal challenge initiated by TikTok and ByteDance, which seeks to obtain an injunction to prevent the law from being enforced.

TikTok and ByteDance contend that the law is unconstitutional and infringes upon the free speech rights of Americans, describing it as "a radical departure from this country’s tradition of championing an open Internet."

Circuit Judges Sri Srinivasan, Neomi Rao, and Douglas Ginsburg will evaluate the legal objections raised by TikTok and its users against the law, which mandates that ByteDance must sell or divest TikTok’s US assets by January 19 or face a ban.

This legislation was overwhelmingly passed by US Congress in April, driven by concerns that China could access American data or conduct espionage through the app.

President Joe Biden has the option to extend the January 19 deadline by three months if he certifies that ByteDance is making substantial progress toward a sale.

The outcome of this hearing could significantly impact TikTok's future during the final weeks of the presidential campaign, as both Republican candidate Donald Trump and Vice President Kamala Harris are actively using the platform to engage younger voters.

The Justice Department has expressed that TikTok, due to its Chinese ownership, represents a serious national security risk because of its access to extensive personal data of Americans, claiming that China could covertly influence the information Americans receive through TikTok.

"The serious national-security threat posed by TikTok is real," the department stated.

In response, ByteDance argues that divesting is "not possible technologically, commercially, or legally" and warns that it would result in an unprecedented ban without a court ruling.

TikTok and the Department of Justice have requested a decision by December 6th, which could potentially allow the Supreme Court to review an appeal prior to any ban being implemented.

The White House has expressed its desire to terminate Chinese-based ownership due to national security concerns, however, they do not support a ban on TikTok. Former President Trump, who unsuccessfully attempted to ban TikTok in 2020, recently stated that if re-elected, he would not permit a ban on TikTok.