TikTok and its parent company, ByteDance, appeared in a U.S. appeals court on Monday (September 16) to challenge a law that could ban the popular social media app in the U.S. if it is not sold by January 19, 2025. The law, signed by President Joe Biden in April, has been criticized by TikTok and ByteDance as unconstitutional and a violation of free speech rights.
During the hearing, TikTok's legal team faced tough questions from a three-judge panel. The judges focused on two main issues: the potential for TikTok to share data with the Chinese government and the possibility of the app's algorithm being exploited to spread harmful propaganda. TikTok's attorney, Andrew Pincus, argued that the law is unprecedented and its effect would be staggering. He stated, "For the first time in history, Congress has expressly targeted a specific U.S. speaker banning its speech and the speech of 170 million Americans." SiliconAngle reports.
The judges also questioned whether an app controlled outside the U.S. should have First Amendment protections. They asked if, in the event of a war, should Congress be able to ban an adversary’s ownership of a media company? TikTok's lawyers and advocates argued that the app should have First Amendment protections, citing examples of foreign-owned media companies that are given constitutional protection.
The Department of Justice (DOJ) defended the law, stating that China poses a significant threat to U.S. national security. The DOJ argued that only divestment can address these concerns. However, TikTok's lawyers brought in American content creators who rely on the app for their businesses. They argued that a ban breached their constitutional rights and that TikTok provides a unique way of hosting, curating, and disseminating speech that they can't find with other social media apps.
The case is expected to head to the U.S. Supreme Court before a possible ban goes into effect in January. NPR reports.