A number of lawmakers are calling on President Joe Biden and the U.S. Supreme Court to intervene to stop the impending ban on TikTok, which they claim could undermine the free speech of millions of Americans.

On Friday, the Supreme Court deliberated over a challenge from TikTok’s parent company, ByteDance, based in Beijing. As it became evident that the Court might support the law requiring ByteDance to divest its U.S. TikTok assets by January 19, Senator Ed Markey, D-Mass, announced his intention to introduce legislation to extend this deadline.

The law on the verge of passage would effectively lead to a TikTok ban in the U.S. if ByteDance fails to comply by the date—this follows President Biden’s signing of legislation last spring citing national security concerns. Nonetheless, proponents of the app, which boasts 170 million American users, contend that this law violates the First Amendment rights afforded by the U.S. Constitution, protecting freedom of speech.

If banned, TikTok would no longer be available for download from platforms like the Apple App Store and Google Play, placing the livelihoods of countless U.S. content creators at risk who generate income through the app, likely pushing users towards alternative social media platforms.

Democratic legislators advocate for a postponement on TikTok prohibition

The potential ban comes amid rising concerns from Biden and other lawmakers about TikTok being a significant national security threat, with fears that it could allow China to gather American data or influence the content that users can see.

Conversely, numerous lawmakers have voiced strong opposition to such a ban, suggesting it would violate Americans’ freedom of speech rights.

Senator Markey is one of the vocal opponents, stating on Monday his plan to introduce a bill to push the deadline for ByteDance to sell TikTok back by an additional 270 days.

“TikTok creators and users across the nation are understandably concerned. They face uncertainty about the platform’s future, their accounts, and the lively online communities they’ve built,” Markey said in a statement. “These communities can’t just be copied over to another app. A prohibition would dismantle a unique cultural and informational ecosystem, silencing millions in the process.”

Markey has joined forces with Senator Rand Paul, R-Ky, and Representative Ro Khanna, D-Calif., to submit a bipartisan brief urging the U.S. Supreme Court to overturn a lower court’s ruling that upheld the TikTok ban. In this brief, the legislators asserted that “less extreme measures could address data security concerns without infringing upon constitutional rights.”

“Banning TikTok infringes on the free speech rights of millions of Americans and threatens the livelihood of creators and small business owners who utilize the app,” Khanna expressed in a statement. “We require legislation to protect the data of Americans, but prohibiting TikTok is not the solution.”

Is there any potential buyer for TikTok?

Biden could extend the deadline by 90 days if he certifies that ByteDance is making significant strides toward selling its U.S. assets, according to Reuters.

While Reuters mentioned it seems unlikely ByteDance could meet that requirement, there are some interested in acquiring TikTok.

Last week, Project Liberty, led by billionaire Frank McCourt, announced that it had formally offered to purchase the U.S. operations of TikTok from ByteDance.

McCourt, who is the former owner of the Los Angeles Dodgers, revealed last month that Project Liberty had garnered verbal commitments of up to $20 billion for the acquisition. “Shark Tank” host and investor Kevin O’Leary announced his participation in Project Liberty’s acquisition plan last week.

Should Project Liberty successfully acquire TikTok, it would only attain the U.S. assets, not the algorithm, which is viewed as intellectual property by China.

Supreme Court to decide as Trump calls for a delay

The Supreme Court deliberated for two-and-a-half hours on Friday regarding whether TikTok could be banned in the United States. By the conclusion, it seemed the justices were inclined to permit the U.S. government to require TikTok’s Chinese parent company to either sell the app or shut it down entirely.

President-elect Donald Trump, however, has called on the Court to postpone the deadline to allow his administration time to pursue a political solution after he takes office on January 20. Trump, who had sought to ban TikTok during his first term, has now vowed to “save” the app.

What would occur if TikTok is banned?

Should the TikTok ban be enacted on Sunday, new downloads from app stores like Apple and Google would be prohibited.

While current users could still access and use the app, they would be unable to update it, leading to degradation and eventual failure over time. Additionally, TikTok’s website would also become inaccessible through internet hosting services located in the U.S.

Contributing: Reuters