When it comes to TikTok’s future in the US, the clock is ticking and a tentative deadline has now been set in sight. 

This fall, TikTok will confront the Justice Department in a pivotal legal battle to avert a potential ban on the popular app in the US

The US Court of Appeals for the District of Columbia has scheduled oral arguments for September in two significant cases challenging a law that mandates ByteDance, TikTok's parent company, to divest from the app or face prohibition.

Earlier this month, TikTok filed a lawsuit asserting that the divestment law is unconstitutional. The company argues that separating from ByteDance is "simply not possible" and highlights its previous negotiations with the US government to address national security concerns. These negotiations, TikTok contends, should have resolved the issue without necessitating a forced sale.

In a parallel legal challenge, a group of TikTok creators, whose legal fees are reportedly covered by the platform, argue that the law infringes on their First Amendment rights. They claim that losing access to the platform would curtail their ability to communicate and express themselves.

Should the appeals court's decision be unfavorable to TikTok, the case could escalate to the Supreme Court, given the substantial constitutional and national security questions involved. 

The outcome of this legal confrontation could have far-reaching implications, not only for TikTok and its millions of US users but also for the broader landscape of digital platforms and their regulation in the context of national security.

As the September date approaches, both TikTok and the US government are preparing for what promises to be a high-stakes legal battle that could reshape the future of the app in America.

Our verdict

Unfortunately, it seems that the influencer and creator marketing industry will unlikely be able to have any say in this matter – despite helping with the success of this app and significantly contributing to the US economy. 

Golman Sachs projects that the global creator economy will reach just shy of half a trillion US dollars by 2027. If one of the world’s biggest apps is removed from one of its largest territories, we wonder if this figure will still be realistically achievable. 

Let’s wait and see what September holds. 

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