TikTok appeared before a panel of three judges from the U.S. Court of Appeals for the D.C. Circuit on Monday, fighting to stay alive in the United States as a January deadline looms that could put the app out of business.
The court heard arguments from both sides, with TikTok’s lawyers emphasizing the social media platform’s protected speech rights and the Biden administration highlighting national security concerns. The judges acknowledged that Congress has established a legitimate national security threat but questioned whether this risk justifies restrictions on free speech.
TikTok’s legal team argued that the law singles out the app, denying Americans the right to choose what they view on the platform. Judges Srinivasan and Rao acknowledged that whatever the basis for passing the law, the court will show deference to Congress but must scrutinize the national security concerns.
The Department of Justice has outlined broad terms outlining a national security concern linked to TikTok’s connection to Chinese tech company ByteDance, but the exact nature of this threat remains secret. The Biden administration claims that releasing this information could pose “exceptionally grave damage” to America’s national security.
TikTok’s lawyers have not seen what’s in the confidential submissions and are seeking a court order to unseal them. The judges seemed skeptical about TikTok’s proposed framework for overturning the law, which critics say would essentially ask the court to send the law back to Congress to be amended.
The hearing follows years of scrutiny on TikTok’s ties to China, with lawmakers and national security officials fearing manipulation of the app’s feed to amplify videos promoting China’s view of the world. Despite investments in a company restructuring aimed at isolating U.S. operations from ByteDance, concerns over Chinese government spying and data misuse persist.
The outcome of this high-stakes hearing will determine whether TikTok can continue operating in the United States or be forced to leave the market.
Source: https://www.npr.org/2024/09/16/g-s1-23194/tiktok-us-ban-appeals-court