President Biden signed the bill into law in April as a result of worries that China’s government could misuse the data of US users.
ByteDance and TikTok have always refuted any connections to the Chinese government and called the regulation a “extraordinary intrusion on free speech rights.”
The company, which asserts to have over 170 million US users, will present its case to a three-judge panel in a Washington, DC, appeals court.
Eight TikTok creators, including a Texas rancher and a Tennessee baker, will be there alongside company personnel.
After that, attorneys from the Department of Justice (DoJ) will present their case.
Lawmakers and DoJ officials are alarmed about the possibility that the Chinese government may utilize TikTok to disseminate propaganda to Americans in addition to data privacy issues.
Supporters of the US Constitution’s First Amendment, which guarantees the country’s strong free speech rights, contend that maintaining the divestment or ban legislation would be a gift to all totalitarian governments.
Xiangnong Wang, a staff attorney at Columbia University’s Knight First Amendment Institute, stated, “We shouldn’t be surprised if repressive governments around the world cite this precedent to justify new restrictions on their own citizens’ right to access information, ideas, and media from abroad.”
It has provided legal documents in the form of an amicus brief.