ByteDance, creators to argue against U.S. TikTok ban in federal appeals court

Sept. 16 (UPI) -- A three-judge federal appeals court panel will hear ByteDance's fight to continue operating the video social media app TikTok in the United States without selling its assets.

The judges on Monday will weigh a trio of cases filed by TikTok and ByteDance, a group of creators and on behalf of BASED Politics, a media nonprofit, which all aim to have legislation signed by President Biden earlier this year that would force ByteDance to divest its interests in the app or face a ban on U.S. app marketplaces unconstitutional.

Representatives for the Justice Department will face questioning about the national security concerns that served as a basis for the legislation, while the company and creators will look to make an argument that a TikTok ban would suppress free speech.

"The government asks this court to bless the most sweeping speech restriction in this country's history -- a law that singles out and shutters a speech platform used by 170 million Americans," ByteDance told the appeals court in filings.

The platform, enjoyed by millions of Americans, has been called a national security threat by two presidential administrations over concerns about Beijing's influence over the Chinese-based parent company, ByteDance.

The law would force TikTok to end its U.S. service unless it finds a buyer by Jan. 19. The appeals court could pause the law until ByteDance exhausts its legal options.

The public, however, may not get to hear much of the evidence the government has against TikTok. The Justice Department has filed classified information against the app in the case that it says is vital to the hearing.

The appeals judges in the case will not be able to write about that evidence in their decision either way they decide while TikTok has had limited access to the same documents.