TikTok Urges Speedy Resolution of Suit Challenging App Ban

TikTok and a group of TikTok users filed a motion with the U.S. Court of Appeals for the D.C. Circuit on May 17 for expedited consideration of their consolidated action challenging the constitutionality of a recently enacted bill either banning or forcing a sale of the social media platform (TikTok v. Merrick Garland, D.C. Cir. # 24-1113).

The movants argued that a quick turnaround is needed to "avoid irreparable harm." The ban takes effect on Jan. 19, 2025, unless the app is sold -- 270 days after the bill came into effect. TikTok said a sale is "not commercially, technological, or legally feasible" in that time. The app users, meanwhile, said they will suffer irreparable harm since "the Act violates their First Amendment right to create, share, and receive content through their chosen platform, TikTok."

The parties suggested a briefing schedule that would start June 20 and end Aug. 15 and an oral argument date that would be scheduled "as early as practicable in the Court's September 2024 sitting."

In addition, TikTok and the app's users said the Federal Rules of Civil Procedure don't govern the case since it's not a typical proceeding in a district court nor an appeal of a district court decision. As a result, TikTok asked the court to "enter an order establishing the procedures that will govern these original actions," urging the court to adopt Federal Rules of Appellate Procedure 28 and 32.

TikTok brought its case earlier this month, arguing that the law violates the First Amendment's freedom of speech protection and the Fifth Amendment's due process protections (see 2405070049). A group of eight TikTok users followed suit, arguing that the bill restricts their First Amendment rights (see 2405160065).