On September 16, TikTok and its Chinese parent company ByteDance argued in a federal appeals court to block a U.S. law that could ban the app, which is used by 170 million Americans, starting January 19. Their lawyer contended that the law infringes on free speech rights. During a two-hour hearing, a three-judge panel from the U.S. Court of Appeals for the District of Columbia examined TikTok's lawsuit, filed in May, which seeks to prevent the law from being enforced.

Justice Department attorney Daniel Tenny argued that TikTok, due to its Chinese ownership, presents a national security threat by potentially allowing China to access and manipulate American user data. In contrast, Andrew Pincus, representing TikTok and ByteDance, claimed the government had not proven the app's security risks and that the law violates constitutional protections, including the First Amendment.

Pincus emphasized that the law is unprecedented, targeting a specific app and its 170 million U.S. users, and he warned that it could set a precedent for Congress to bypass the First Amendment by invoking national security concerns. The law requires ByteDance to either sell TikTok's U.S. assets or face a ban by January 19, driven by fears of Chinese surveillance and data access.

Tenny defended the law, highlighting the challenges of detecting potential manipulation in TikTok's vast and frequently updated code. Judge Neomi Rao questioned how the source code could be effectively reviewed, while Judge Douglas Ginsburg inquired about the differences between this law and existing regulations on foreign ownership of broadcast licenses.

Judge Sri Srinivasan raised a hypothetical about Congress banning foreign ownership of media during a war, to which Pincus acknowledged it could be possible but argued that the current law lacks such justification. The law also restricts app stores and internet hosting services from supporting TikTok unless ByteDance complies by the deadline, with President Biden having the option to extend it if significant progress is made.

Both TikTok and the Justice Department have requested a ruling by December 6 to potentially allow the Supreme Court to review any appeal before the ban takes effect. The case is unfolding during the final weeks of the U.S. presidential campaign, with both presidential candidates active on TikTok. The White House prefers ending Chinese ownership over a complete ban, while former President Trump has indicated he would not support a ban if elected.

Disclaimer: This image is taken from Reuters