TikTok faces a skeptical panel of judges in its existential fight against the US government

Sep 17, 2024

TikTok faces skepticism in court against US ban, judges question company's claims and national security risk.

TikTok faces a skeptical panel of judges in its existential fight against the US government

: TikTok's future is uncertain as three judges express skepticism during oral arguments over a US law requiring divestment from its Chinese owner ByteDance. Judges questioned TikTok more than the DOJ, raising issues about the practicality of alternative actions and First Amendment rights. The government defended the law as a necessary step for national security, and any outcome may be appealed to the Supreme Court.

TikTok, with 170 million American users, faced an uncertain future as three judges in the DC Circuit Court of Appeals expressed skepticism during Monday’s oral arguments. The judges questioned TikTok’s claims that the law requiring divestment from its Chinese owner ByteDance would stifle speech and limit information for Americans.

The Department of Justice defended the law, arguing it targeted a national security risk due to TikTok's alleged exposure to China. Judges like Rao and Ginsburg challenged TikTok's counsel Andrew Pincus, highlighting trust issues and practicality of lesser means of action.

The judges also scrutinized whether TikTok creators have a First Amendment interest in the company's ownership. Despite arguments from TikTok creators and their supporters about free speech, judges emphasized national security concerns. The outcome remains to be seen and might be escalated to the Supreme Court before the divestment deadline of January 19th.