TikTok, along with a group of content creators, has enlisted prominent U.S. Supreme Court lawyers to challenge a new law that mandates ByteDance, TikTok’s China-based parent company, to divest its U.S. assets or face a ban. Andrew Pincus of Mayer Brown will argue on behalf of TikTok and ByteDance, while Stanford Law’s Jeffrey Fisher will represent content creators when the case is heard by the U.S. Court of Appeals for the D.C. Circuit on September 16. The law was signed by President Biden in April, giving ByteDance until January 19, 2024, to comply or risk the app being banned.
The U.S. government argues the law is aimed at addressing concerns over Chinese ownership of TikTok rather than eliminating the platform. However, TikTok and ByteDance have countered that the law represents a significant departure from the U.S. tradition of supporting an open internet. ByteDance further claims that a forced divestiture is neither technologically, commercially nor legally feasible. Both TikTok and the U.S. Justice Department have requested a court ruling by December 6, possibly paving the way for the U.S. Supreme Court to weigh in before the ban deadline.
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