TikTok fights to block US law that could ban the app in America

TikTok and its Chinese parent company, ByteDance, are challenging a US law that could ban the popular short video app, used by 170 million Americans, starting January 19. In a court hearing on Monday, TikTok’s lawyers argued that the law violates free speech rights, but they faced tough questions from the judges.

A three-judge panel of the US Court of Appeals for the District of Columbia heard arguments from both sides.

TikTok’s lawyer, Andrew Pincus, argued that the US government hasn’t proven the app poses any real national security risks. He also claimed the law violates the First Amendment, stating it would be the first time the Congress has targeted a specific platform and its users.

TikTok content creator Paul Tran talks to the press as he leaves the federal courthouse in Washington. (AP photo)

On the other side, Justice Department lawyer Daniel Tenny defended the law, stating that TikTok, under Chinese ownership, poses a serious national security threat.

He explained that China could use TikTok to manipulate the information Americans see, and that the app’s access to vast amounts of personal data is a major concern. Tenny added that it would be impossible to monitor and detect changes in TikTok’s massive source code, which is updated frequently.

The law gives ByteDance until January 19 to sell or divest TikTok’s US assets. If ByteDance fails to do so, the app could be banned. Congress passed the law earlier this year over concerns about data privacy and potential Chinese spying, and President Joe Biden signed it into law in April.

TikTok Attorney Andrew Pincus, left, accompanied by his team, leaves the federal courthouse in Washington. (AP photo)

The judges raised several concerns during the hearing. Judge Neomi Rao questioned how TikTok could ensure transparency with its complex source code, while Judge Douglas Ginsburg compared the law to existing rules on foreign ownership of US broadcast licenses.

Chief Judge Sri Srinivasan asked about the legal boundaries Congress has when it comes to regulating foreign-owned media companies during times of peace.

If the law is enforced, app stores like Apple and Google would be barred from offering TikTok, and hosting services would no longer be able to support the app.

The law also allows President Biden to extend the deadline by three months if ByteDance shows significant progress toward a sale.

TikTok and the Justice Department are pushing for a ruling by December 6, in hopes that the US Supreme Court can review the case before the potential ban takes effect.

The decision comes during a heated presidential campaign, with both Donald Trump and Vice President Kamala Harris actively using TikTok to engage younger voters.

The White House has emphasized its focus on ending Chinese-based ownership of TikTok for national security reasons but doesn’t necessarily support a full ban on the app.

While Trump previously tried to ban TikTok in 2020, he has said that if is re-elected, he would not allow the app to be banned again.

(With inputs from Reuters)

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