TikTok has said the demanded divestiture is “simply not possible” – and not on the timeline required.
The Bill signed by President Joe Biden early this year set a mid-January 2025 deadline for TikTok to find a non-Chinese buyer or face a US ban.
The White House can extend the deadline by 90 days.
“For the first time in history, Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban, and bars every American from participating in a unique online community with more than one billion people worldwide,” said the suit by TikTok and ByteDance.
ByteDance has said it has no plans to sell TikTok, leaving the lawsuit, which will likely go to the US Supreme Court, as its only option to avoid a ban.
“There is no question – the Act will force a shutdown of TikTok by Jan 19, 2025,” the lawsuit said, “silencing (those) who use the platform to communicate in ways that cannot be replicated elsewhere.”
TikTok first found itself in the crosshairs of former president Donald Trump’s administration, which tried unsuccessfully to ban it.
That effort got bogged down in the courts when a federal judge temporarily blocked Trump’s attempt, saying the reasons for banning the app were likely overstated and that free speech rights were in jeopardy.
The new effort signed by Biden was designed to overcome the same legal headaches, and some experts believe the US Supreme Court could be open to allowing national security considerations to outweigh free speech protection.
“We view the statute as a game changer from the arguments that were in play back in 2020,” a senior justice department official said.
There are serious doubts that any buyer could emerge to purchase TikTok even if ByteDance would agree to the request.
Big tech’s usual suspects, such as Facebook parent Meta or YouTube’s Google, will likely be barred from snapping up TikTok over antitrust concerns, and others could not afford one of the world’s most successful apps used by about 170 million people in the United States alone.
