After two hours of intense debate in a Washington court, TikTok’s future in the U.S. hangs in the balance. Judges are examining whether a law targeting its Chinese ownership is constitutional, which could lead to a nationwide ban.
On September 16, 2024, a three-judge panel in Washington D.C. listened to arguments from both TikTok and the U.S. government. The court is deciding whether a law requiring TikTok to sell its U.S. operations or face a nationwide ban is constitutional. The judges, including Chief Judge Sri Srinivasan, questioned the relationship between TikTok and its Chinese parent company, ByteDance. This debate is crucial as it could determine TikTok’s ability to continue operating in the U.S., where it has 170M users.
The U.S. government argues that ByteDance’s control over TikTok’s algorithm poses a national security risk. Daniel Tenny, representing the U.S., emphasized that TikTok’s core code is developed in China. In contrast, TikTok’s attorneys claimed that the app’s U.S. operations are independent and protected under the First Amendment. They warned that the law could lead to TikTok being banned, limiting American users' access to information.
The law's potential impact on free speech was a significant focus. TikTok's lawyers argued that the legislation threatens the First Amendment by curbing Americans' rights to access and share information. The judges grappled with whether targeting TikTok's foreign ownership infringes on these rights. If the court upholds the law, TikTok could be forced to sell by mid-January 2024 or be banned, a move that TikTok claims would set a dangerous precedent.
The court has until January 19, 2024, to make a ruling. The outcome will not only decide TikTok’s fate in the U.S. but could also reshape how digital platforms are regulated based on foreign ownership. The case has drawn national attention, with multiple states, civil rights groups, and cybersecurity experts weighing in. As the debate continues, both sides await a decision that could have far-reaching implications for digital freedom and national security.
Will TikTok survive the U.S. legal battle?
Each week we select most important sector news and statistic
so that you can be up to speed