TikTok will take its case against a threatened US ban to a federal court on Monday where it will argue that a law targeting the video platform is “unconstitutional”.
In April Joe Biden formally introduced a law that gives TikTok’s Chinese parent, ByteDance, until 19 January to sell its stake in the platform to an approved buyer, due to concerns that the app poses a national security threat.
TikTok will begin to argue its case to a three-judge panel at an appeals court in Washington on Monday.
In the lawsuit contesting the threatened ban, TikTok and ByteDance argue that the law is unconstitutional and impossible to implement. They assert that the Protecting Americans From Foreign Adversary Controlled Applications Act is a breach of the first amendment, which protects freedom of speech, and that the government cannot dictate ownership of an online platform.
“The ‘qualified divestiture’ demanded by the act to allow TikTok to continue operating in the United States is simply not possible: not commercially, not technologically, not legally,” the suit states.
It adds there is “no question” the law will lead to the shutdown of TikTok and will silence the “170 million Americans who use the platform to communicate in ways that cannot be replicated elsewhere”.
The former Treasury secretary Steven Mnuchin and the billionaire Frank McCourt have expressed interest in buying TikTok, although the Chinese government has signalled it will oppose a sale due to restrictions on selling sensitive technologies.
Free speech campaigners including PEN America have filed amicus briefs – a means of expressing support for one side in a case – in support of TikTok and ByteDance’s lawsuit.
Opponents of the law stress that a ban would also cause disruptions in the world of marketing, retail and in the lives of many different content creators, some of whom are also suing the US government. TikTok is covering the legal costs for that lawsuit.
In court documents submitted over the summer, the US Department of Justice (DoJ) outlined its main concerns, which centre on data and the potential manipulation of users. It said TikTok collected vast amounts of user data, including sensitive information on viewing habits, that could fall into the hands of the Chinese government. It also claimed the TikTok algorithm that curates what users see on the app could be manipulated by Chinese authorities.
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“By directing ByteDance or TikTok to covertly manipulate that algorithm, China could for example further its existing malign influence operations and amplify its efforts to undermine trust in our democracy and exacerbate social divisions,” the DoJ said.
TikTok has said it does not share user data with the Chinese government and that concerns the US government has raised have never been substantiated.
Legal experts expect the case to go to the supreme court, with the losing side in the federal court process expected to appeal against the ruling.
Associated Press contributed reporting