A lot of adult content creators and porn stars have enjoyed using TikTok. But that may go away if the government has its way.

TikTok is locked in a legal battle with the U.S. government following a lawsuit filed by the app’s parent company, ByteDance, in response to a new federal law mandating the sale or divestiture of TikTok in the U.S. market.

The Protecting Americans From Foreign Adversary Controlled Applications Act, signed by President Joe Biden in April, compels ByteDance to sell TikTok to a non-Chinese entity within nine months or risk a nationwide ban. If a potential deal is in progress, an additional three-month extension can be granted.

TikTok has taken a firm stance against the legislation, arguing that it violates the First Amendment and claiming that divesting the app is “simply not possible: not commercially, not technologically, not legally.” The company’s legal filing further elaborated, “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 1 billion people worldwide.”

American lawmakers have raised concerns over TikTok’s ownership by ByteDance, a Beijing-based company, citing national security risks. Former President Donald Trump tried to ban TikTok in 2020 via executive order but was unsuccessful. However, the issue resurfaced amid heightened scrutiny of China’s global influence.

Despite ByteDance investing over $2 billion in “Project Texas” to safeguard U.S. user data from potential foreign interference, the bipartisan-backed legislation passed through both chambers of Congress. The lawsuit, filed in the U.S. Court of Appeals for the D.C. Circuit, argues that the law violates the First Amendment and unfairly targets a single company.

Legal experts suggest that the case’s outcome depends on whether the courts view it as a First Amendment issue or a matter of national security. Gus Hurwitz, Senior Fellow and Academic Director of the Center for Technology, Innovation & Competition at the University of Pennsylvania Carey Law School, emphasized that TikTok and ByteDance would likely request a stay or preliminary injunction to pause the law until a court decision is reached.

“If the court does not put such a stay in place, I think that’s a really bad sign for TikTok and ByteDance,” Hurwitz explained in an interview with CNBC. “That suggests the court believes the law has a very strong chance of being upheld.”

Further complicating matters is the proprietary nature of TikTok’s algorithm, a crucial piece of technology that powers user recommendations. ByteDance has stated its reluctance to sell TikTok, with TikTok CEO Shou Chew noting in a video on the app, “Make no mistake: This is a ban.” The Chinese government would likely have to approve any transfer of the algorithm, a move experts believe is unlikely.

Gautam Hans, Associate Clinical Professor of Law at Cornell Law School, acknowledged the complexity of balancing speech suppression and national security concerns. “These situations are relatively rare,” Hans remarked, adding that this case is unprecedented due to the bipartisan support behind the bill.

With the potential to elevate to the U.S. Supreme Court, the case has drawn significant attention. Former Treasury Secretary Steven Mnuchin expressed interest in acquiring TikTok and emphasized that, even without the algorithm, the platform could potentially be rebuilt within a year. However, he noted that extended litigation could complicate the process.

“The best outcome would be if they agreed to do a deal now, giving a year to rebuild the technology, which would be a major effort but could be done,” Mnuchin said.

TikTok continues to operate in the U.S. despite the looming uncertainty, showing little inclination to sell or cease operations until legally required.

The lawsuit represents a historic clash between a foreign-owned tech platform and the U.S. government, raising profound questions about digital free speech, global influence, and national security in the modern era.