TikTok is set to challenge a new law that could see the popular social media platform banned in the US unless its Chinese parent company, ByteDance, sells the app within nine months.
The law, signed by President Joe Biden in April, stems from growing concerns that the personal data of US users may be accessed and exploited by the Chinese government.
TikTok, which has over 170 million users in the US, strongly denies any connections with Chinese authorities.
The company has described the new law as an “extraordinary intrusion on free speech rights.” Today, TikTok will present its case to a three-judge panel at an appeals court in Washington, D.C., in an attempt to block the ban.
Representatives from TikTok will be joined by eight content creators, including small business owners like a Texas rancher and a Tennessee baker, who rely on the platform to market their products and earn a living.
They argue that a ban would have devastating effects on their businesses.
On the other side, lawyers from the Department of Justice (DoJ) will present their arguments, highlighting national security concerns.
Officials worry that TikTok could be used as a tool by the Chinese government to influence Americans and spread propaganda.
Some legal experts argue that enforcing the law would be a blow to free speech, protected under the First Amendment of the US Constitution.
Xiangnong Wang, an attorney at Columbia University’s Knight First Amendment Institute, warned that this could set a dangerous precedent.
“If the US implements such a law, other repressive governments could use it as justification to limit their citizens’ access to information and media from abroad,” he said.
Wang also criticized the lack of transparency around the national security risks cited by lawmakers.
“There hasn’t been a case where such a broad restriction on First Amendment rights was found constitutional without clear evidence,” he added.
However, James Lewis from the Center for Strategic and International Studies believes the law is strong enough to withstand a legal challenge.
“The main question is whether the court agrees that forcing ByteDance to sell TikTok doesn’t interfere with free speech,” he said, adding that courts often give presidents considerable leeway on matters of national security.
While the court case is expected to last for months, many experts believe the legal battle could eventually reach the US Supreme Court. Mike Proulx, vice president at research firm Forrester, said, “This is a complex issue that won’t be resolved quickly. It’s likely to drag on for a long time.”
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