The U.S. Court of Appeals for the District of Columbia has scheduled a hearing for September to determine TikTok’s fate in the United States. The main question is whether the federal law violated the U.S. Constitution by requiring TikTok to divest or be banned.

Two cases in a single court date

There are two significant cases at the September hearing. The U.S. Justice Department and TikTok are involved in the first case. A number of TikTok creators are contesting the same law in the second lawsuit, with both parties claiming that the First Amendment is violated by the Protecting Americans From Foreign Adversaries Act (PAFFAA).

“The Act promises to shut down a medium of communication that is now part of American life,” reads the creators’ complaint. “This extraordinary restraint on speech violates the First Amendment.”

TikTok intends to support its position with First Amendment considerations as well by going over “Project Texas,” a security strategy meant to alleviate American concerns about national security and data privacy.

Project Texas: a key issue

Project Texas is TikTok’s proposal to have its U.S. operations supervised by an American team. TikTok hoped this plan would satisfy the Committee on Foreign Investment in the United States (CFIUS). However, CFIUS was not convinced, and the project stalled.

“The White House determined more than a year ago that the proposed solution was insufficient to address the serious national security risks,” a Biden Administration official said. “Divestment from its foreign ownership was and remains necessary.”

This stance by the U.S. government means TikTok must either be sold by its Chinese owner, ByteDance, or face a ban.

The court has approved a fast-track schedule for this case. By June 20, TikTok and the creators must submit their briefs. The Justice Department has until July 26 to respond. Oral arguments will take place in September.