TikTok Fights US Ban in Federal Court as January Deadline Looms

TikTok fought against its threatened U.S. ban in a federal court on Monday — in a hearing that was described as “the most important two hours” in the video app’s history.

In April, President Biden signed a law that gave TikTok’s Chinese parent company ByteDance 90 days to sell the video app or face a total ban in the U.S.

The law means that TikTok, which is used by 170 million Americans, could be banned across the U.S. as soon as January 19 — unless the video app divests from its Beijing-based parent company.

On Monday, TikTok appeared in federal court in a high-stakes hearing, with the company fighting to stay operational as a January deadline approaches that could potentially shut down the app in the U.S.

A three-judge panel of the U.S. Court of Appeals for the District of Columbia heard two hours of arguments in the lawsuit filed by TikTok and ByteDance in May seeking an injunction to prevent the law from taking effect.

According to Reuters, Justice Department lawyer Daniel Tenny pressed the U.S. government’s stance that TikTok, under Chinese ownership, poses a national security threat because of its access to vast amounts of personal data on Americans. Tenny alleged that China can also covertly manipulate information that Americans consume via the video app.

TikTok’s Biggest Legal Showdown Yet

However, Andrew Pincus, the lawyer arguing for TikTok and ByteDance, told judges that the U.S. government had not demonstrated that TikTok actually poses national security risks.

Pincus also argued that the potential U.S. ban violates free speech protections and surpasses the national security concerns of Washington. Pincus alleged that if the law is upheld, it would show that Congress can circumvent First Amendment Rights.

“The law before this court is unprecedented, and its effect would be staggering,” Pincus tells the judges, saying “for the first time in history, Congress has expressly targeted a specific U.S. speaker banning its speech and the speech of 170 million Americans.”

If not overturned, the law is scheduled to take effect on January 19. However, if the case continues to drag on, an extension on the deadline seems probable.

The landmark case, which could determine the fate of TikTok in the U.S., represents the most prominent clash yet between digital free speech and national security concerns.

The U.S. has voiced fears about the national security risks of TikTok due to a law in China that compels firms to hand over information to Beijing if they are requested to do so.

Federal officials are particularly concerned that American user data on TikTok could fall into the hands of the Chinese government, due to a law in China that compels firms to hand over information to Beijing if they are requested to do so.

In July, the U.S. Department of Justice (DOJ) also accused TikTok of secretly collecting American users’ views on abortion, gun control, and religion.

 
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