TikTok fights U.S. ban, citing free speech, in federal court

On Monday, a lawyer for TikTok and its parent company ByteDance appeared before a federal appeals court to block a U.S. law banning the app. The ban, set to take effect on January 19, could impact 170 million American users. TikTok argues that the law violates free speech protections under the First Amendment, but faced sharp questioning from the judges.

The U.S. government claims TikTok, under Chinese ownership, poses a national security threat due to its access to personal data on Americans. Justice Department lawyer Daniel Tenny stressed that China could use TikTok to manipulate information seen by U.S. users. TikTok’s lawyer, Andrew Pincus, countered that the government has not proven any actual security risks, calling the law “unprecedented.”

The three-judge panel, including Judges Sri Srinivasan, Neomi Rao, and Douglas Ginsburg, questioned both sides on the law’s impact and its constitutional implications. Pincus argued that the law uniquely targets TikTok and restricts speech, while the judges explored comparisons to laws governing foreign media ownership.

The U.S. law, passed by Congress and signed by President Biden, gives ByteDance until January 19 to sell TikTok’s U.S. operations or face a ban. Both parties are seeking a ruling by December 6, potentially sending the case to the Supreme Court before the law takes effect.

As the legal battle continues, TikTok’s role in the 2024 presidential campaign remains notable, with both major candidates active on the platform to reach younger voters.