TikTok had its first court hearing on sell-or-ban law

TikTok had its first day in court yesterday in a landmark case over a law Congress passed in April that could ban the app in the country in a few short months unless its Chinese owner ByteDance sells its holdings to a US company within a year.

Congress suspects TikTok poses a national security threat due to its foreign ownership. The US government also says that the app can be used to spread Chinese propaganda.

TikTok’s argument
The social media company says a divestment, especially within January, is impractical. It also argues that a ban would violate its American users’ First Amendment rights.

TikTok lawyers also criticized the bipartisan law, saying Congress didn’t provide enough evidence to ban the app on national security grounds. The lawyers further added that it was rushed and not transparent.

The government argued that TikTok’s ties to China are a cause for concern, as the Chinese government can use the platform to access American users’ data upon request.

The DOJ lawyers mentioned the NetChoice v. Moody case, in which the Supreme Court found that corporations located abroad do not have First Amendment rights.

What is next?
The DOJ and TikTok have asked the court for a ruling by early December. The losing party will most likely appeal to the Supreme Court.

The case has caught the attention of many groups, some of which support TikTok’s free speech argument, while others support the government’s national security concerns.

TikTok boasts over 170 million US users. A recent Pew Research Center survey shows 32% of Americans support a TikTok ban, down from 50% in March 2023.