DOJ asks court to reject TikTok’s emergency bid aimed at delaying law that would ban app

The Department of Justice asked a U.S. appeals court on Wednesday to reject TikTok’s bid to temporarily block a law that could result in the platform being banned from its more than 170 million users.

The law would require TikTok’s Chinese-owned parent company, ByteDance, to divest the video app by Jan.19 or be banned in the U.S.

TikTok and ByteDance called the law unconstitutional in an emergency motion on Monday and argued that a small delay wouldn’t bring serious national security concerns or else the U.S. would’ve forced divesture from TikTok immediately instead of giving ByteDance time.

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The DOJ says the ban would “not directly prohibit the continued use of TikTok” for those currently using the platform, but eventually the popular short-video app would be “unworkable.”

President Biden previously signed a bill in April requiring the sale of the platform to a company not owned or operated by Chinese entities. 

He, along with other lawmakers, expressed concern that the platform could be used by the Chinese government for surveillance or to spread propaganda. ByteDance has indicated that it has no intent to sell.

TikTok has indicated it will appeal the decision.

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“The Supreme Court has an established historical record of protecting Americans’ right to free speech, and we expect they will do just that on this important constitutional issue,” said company spokesperson Michael Hughes. “Unfortunately, the TikTok ban was conceived and pushed through based upon inaccurate, flawed and hypothetical information, resulting in outright censorship of the American people. The TikTok ban, unless stopped, will silence the voices of over 170 million Americans here in the US and around the world on January 19th, 2025.”

Biden has the ability to extend that deadline by 90 days if the company is attempting to sell. However, a move like this would put the decision on President-elect Donald Trump, who takes office Jan. 20.

Trump stated prior to the November election he would not allow a ban on TikTok.

Reuters contributed to this report.