In a bold move, TikTok and its parent company ByteDance have filed a lawsuit against the federal government, claiming that a law signed by President Joe Biden violates their users' First Amendment rights. The controversial law, which was enacted last month, would require TikTok to sell its platform to a non-Chinese company within the next nine to twelve months or face a ban in the United States.

In the 65-page petition filed in the U.S. Court of Appeals for the District of Columbia Circuit, TikTok and ByteDance argue that this law is "unconstitutional". They state that for the first time in history, a single speech platform is being subjected to a permanent, nationwide ban, preventing Americans from participating in the vibrant online community that TikTok provides, which boasts over 1 billion users worldwide.

The White House has not yet commented on the lawsuit, but both President Biden and congressional leaders have justified the ultimatum against TikTok on the grounds of security concerns regarding ByteDance's connections to the Chinese government. However, ByteDance disputes these allegations, pointing out that no concrete evidence has been presented to prove that TikTok poses any security risks.

TikTok had previously criticized the efforts to force divestment, arguing that it would infringe upon the free speech rights of millions of Americans, negatively impact businesses, and significantly damage the U.S. economy, which benefits from the platform's annual contribution of $24 billion.

The lawsuit also claims that the timeframe to sell the company is unfeasible on commercial, technological, and legal grounds. ByteDance is seeking a judgment from the court declaring the law as unconstitutional and aims to prevent Attorney General Merrick Garland from enforcing it.

While some social media influencers, business owners, and TikTok supporters expressed concerns over the potential ban and the resulting loss of a major platform for their businesses, a recent ABC News/Ipsos poll indicates that the majority of Americans are in favor of the ban. Approximately 53% of Americans support a ban on TikTok if it remains under Chinese ownership, while 44% oppose the ban. Additionally, 51% of Americans believe the U.S. government should try to force a sale of TikTok.

This is not the first time ByteDance has confronted such a ban. In an earlier case, the company filed a lawsuit against Montana in May 2023 when a similar ban was issued. The court ruled in favor of TikTok, blocking the law before it could take effect.

It remains to be seen how this latest legal battle between TikTok, ByteDance, and the U.S. government will unfold, with potential ramifications for the future of the popular social media platform and its millions of users.