TikTok is set to begin its legal battle over a US law demanding its parent company sells the popular social media or face a nationwide ban.
This legal showdown follows the signing of the law by President Joe Biden in April. This was fueled by growing concerns American user data could be exploited by the Chinese government.
TikTok and its owner ByteDance have consistently denied any connection to Chinese authorities. They call the law an “extraordinary intrusion on free speech rights.”
TikTok will present its case to a three-judge panel at an appeals court in Washington, DC.
TikTok’s Defense: Free Speech and Economic Impact
Alongside TikTok’s legal team, eight creators from across the US—ranging from a Texas rancher to a Tennessee baker—are also participating in the appeal.
These creators argue they rely on TikTok to market their businesses and support their livelihoods.
TikTok’s defense hinges on the argument that banning the app infringes on First Amendment rights, which protect free speech.
They argue enforcing the divest-or-ban law would set a dangerous precedent for governments worldwide to impose restrictions on free access to information and media.
Xiangnong Wang, a staff attorney at Columbia University’s Knight First Amendment Institute, criticized the vague national security concerns that lawmakers have raised.
He warned upholding this law could empower authoritarian regimes to impose similar restrictions on their citizens.
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The Government’s Case: National Security Concerns
Representatives from the Department of Justice (DoJ) are expected to counter TikTok’s arguments by emphasizing the app’s potential threat to national security.
US officials have long expressed fears TikTok could be used by the Chinese government to gather sensitive data on Americans or spread propaganda.
Critics of the ban point to free speech concerns. However, supporters of the law, like James Lewis from the Center for Strategic and International Studies, argue the government’s case is robust.
Lewis said the law was specifically designed to withstand legal scrutiny. He emphasized the courts typically defer to the president on matters of national security.
Lewis said:
“The key point is whether the court accepts that requiring divestiture does not regulate speech.”
A Long Road Ahead
Experts widely agree that the legal process is far from over.
The current hearings are unlikely to yield a final resolution. Many predict the case could ultimately reach the US Supreme Court.
Mike Proulx, vice president and research director at Forrester said: “
“This is a high-stakes and very complicated conundrum that will likely go all the way to the Supreme Court.”
As the legal battle unfolds, the outcome will have significant implications for both TikTok’s future in the US and the broader debate around technology, national security, and free speech rights.
