TikTok Faces Intense Scrutiny as US Court Hears Case to Block Potential Ban

According to Reuters, the three-judge panel from the U.S. Court of Appeals for the District of Columbia began reviewing arguments brought forward by TikTok and ByteDance in May, as the companies seek an injunction to prevent the law from taking effect. The panel, consisting of Judges Sri Srinivasan, Neomi Rao, and Douglas Ginsburg, expressed skepticism during their exchanges with TikTok’s lawyer, Andrew Pincus.

Pincus argued that the U.S. government has failed to provide compelling evidence that TikTok poses a national security risk, and that the law undermines several constitutional protections, including First Amendment free speech rights. “The law before this court is unprecedented, and its effect would be staggering,” Pincus emphasized, claiming it would be the first instance where Congress targets a specific U.S.-based platform, effectively silencing millions of Americans.

Per Reuters, the law in question, which was signed by President Joe Biden in April, requires ByteDance to either sell or divest TikTok’s U.S. assets by January 19. If the company fails to comply, TikTok could be banned from app stores such as those operated by Apple and Google, and barred from using internet hosting services in the U.S. The legislation was driven by mounting concerns among U.S. lawmakers that Chinese authorities might exploit TikTok to access sensitive American data or engage in surveillance.

Read more: TikTok Urges US Appeals Court to Overturn Law Mandating Sale of US Assets

The law allows for a possible three-month extension of the deadline if the U.S. president certifies that ByteDance is making substantial progress toward divestiture. However, ByteDance has argued that such a move is “not possible technologically, commercially, or legally.”

This legal battle comes as the U.S. presidential campaign enters its final stages, with prominent figures like Republican candidate Donald Trump and Vice President Kamala Harris using TikTok to engage with younger voters. Trump’s stance on TikTok has shifted since his previous efforts to ban the app in 2020; the former president has stated that if re-elected in November, he would ensure the platform is not banned.

The Justice Department has maintained that TikTok’s ties to China present a critical national security threat, citing the potential for Chinese interference in American media and data. They argue that TikTok’s ownership structure gives the Chinese government access to vast amounts of personal data and the ability to manipulate the flow of information within the U.S. However, ByteDance and TikTok continue to challenge these assertions, questioning the evidence behind the security concerns.

Both TikTok and the Justice Department have requested a ruling by December 6, which could pave the way for the U.S. Supreme Court to weigh in before any potential ban goes into effect. As the legal clock ticks down, the outcome of this case will have significant implications for ByteDance, the millions of TikTok users in the U.S. and the broader conversation on U.S.-China relations.

Source: Reuters