TikTok, the immensely popular short-form video app, has launched a legal offensive against the United States government, challenging a recently enacted law that could potentially force the platform to sever ties with its Chinese parent company, ByteDance, or face an outright ban within the nation’s borders.

In a court filing submitted on Tuesday (PDF), TikTok has alleged that Congress has taken an “unprecedented step” by explicitly targeting and prohibiting a single named speech platform, an action that the company deems unconstitutional. The complaint argues that a divestment from ByteDance is not a viable option and that the law would effectively “force a shutdown” of TikTok’s operations in the United States by January 19th, 2025.

“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,” the lawsuit reads, underscoring the gravity of the situation.

Last month, President Joe Biden signed into law a measure that grants ByteDance a nine-month window to divest itself of TikTok or cease operations within the United States, citing national security concerns as the driving force behind this decision.

However, TikTok’s complaint alleges that the government has yet to provide concrete evidence of the Chinese government actively misusing the platform, asserting that the statements made by individual members of Congress and a congressional committee report merely express hypothetical concerns about the potential for future misuse, despite TikTok’s presence in the United States since its inception in 2017.

“Even the statements by individual Members of Congress and a congressional committee report merely indicate concern about the hypothetical possibility that TikTok could be misused in the future, without citing specific evidence — even though the platform has operated prominently in the United States since it was first launched in 2017,” the lawsuit states.

TikTok argues that a ban in the United States would not be feasible, as it would require the relocation of “millions of lines” of software code from ByteDance to a new owner, a process that would be further complicated by limitations imposed by the Chinese government, which would not permit the sale of TikTok along with its proprietary algorithm.

Moreover, the company claims that a ban would effectively turn the US version of its app into an “island,” creating a “detached experience” for American users that would undermine the platform’s business model and disconnect them from the global community of over 1 billion TikTok users worldwide.

During the Trump administration’s attempt to ban TikTok, the company explored the possibility of spinning off its US operations through partnerships with American companies such as Walmart, Microsoft, and Oracle. However, these deals ultimately fell through.

TikTok has also made efforts to appease the government by housing US user data on Oracle’s servers, but a recent report from Fortune suggests that this move was “largely cosmetic” and did little to assuage the concerns of lawmakers.

In its legal challenge, TikTok is seeking a court judgment declaring that the Biden administration’s law violates the United States Constitution. Additionally, the company is requesting an order prohibiting the attorney general from enforcing the law, effectively preventing the potential ban from taking effect.

This article was originally published on May 7, 2024, at 12:30 pm ET.