TikTok, the popular short-video app used by 170 million Americans, is fighting for its survival in the United States (US). The company, along with its Chinese parent ByteDance, has taken legal action to block a US law that could ban the app as soon as 19 January 2025.
In a federal appeals court hearing, TikTok’s lawyers argued that the law violates First Amendment protections and is unprecedented in its targeting of a specific US speaker. They emphasised the potential “staggering” effect of banning the platform, which would silence millions of American users.
However, the three-judge panel, consisting of Judges Sri Srinivasan, Neomi Rao, and Douglas Ginsburg, posed challenging questions to TikTok’s legal team. The US government maintained that TikTok poses a national security threat due to its Chinese ownership and access to vast amounts of personal data on Americans.
The law gives ByteDance until 19 January 2025 to sell or divest TikTok’s US assets or face a ban. This legislation passed with overwhelming support in Congress, driven by concerns that China could access data on Americans or manipulate information through the app.
Judge Rao questioned TikTok’s arguments, suggesting they seemed to treat Congress as an executive branch agency rather than a legislature. The court also explored hypothetical scenarios, such as the potential for Congress to bar foreign ownership of major media outlets during wartime.
As the case unfolds, both TikTok and the Justice Department have requested a ruling by 6 December 2024, potentially allowing time for a Supreme Court appeal before any ban takes effect. The outcome of this legal battle could have far-reaching implications for free speech, national security, and the future of social media in the US and abroad.
