The TikTok ban has been a massive topic United States for years. In April 2024, President Biden signed the bill that will change the trajectory of TikTok’s existence in the country. The law requires TikTok and ByteDance to sell the app to a U.S. buyer within a year. If not, TikTok will be permanently banned. However, TikTok said that it’s not going down without a fight. The company is now taking this case to court again by filing a lawsuit.

ByteDance’s lawsuit contesting the law

TikTok and its parent company contend that the law violates the First Amendment rights of millions of Americans who use the app. Should the ban go into effect, Byte Dance would be forced to divest TikTok within the law’s 270-day timeline and is expected to shut down next year. TikTok’s case is expected to reach the Supreme Court.

“For the first time in history, Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban, and bars every American from participating in a unique online community with more than one billion people worldwide,” TikTok states in its lawsuit.

U.S. operations “not possible”

TikTok also wrote in its 67-page petition that the divestiture “is simply not possible: not commercially, not technologically, not legally.” TikTok argued that it’s not possible to transfer the coding, which will require a new team of engineers to access Byte Dance, which the new law prohibits. China is also opposed to selling the recommendation algorithm, which is the reason why the platform is the top short-form platform today.

Additionally, the company argued that it already spent billions of dollars on “Project Texas,” a 90-page national security agreement that safeguards Americans’ user data.

“Congress tossed this tailored agreement aside, in favor of the politically expedient and punitive approach of targeting for disfavor one publisher and speaker,” the appeal reads.

Future of creators on the app

It’s not clear how long this legal fight will last unless TikTok can delay the start date of the law. This is a terrifying thought for creators, as millions of them make a living through the app. The best way to prepare for this potential ban is to start migrating to other platforms, such as Reels and Shorts. Diversifying income streams is a good strategy for now since the future of TikTok in the U.S. is hanging by a thread.