TikTok's ongoing battle to remain operational in the U.S. took a significant turn on Monday as the company argued in a federal court that a recent law mandating its sale is unconstitutional.
Silence 170 Million American Users
The law, enacted by Congress in April and signed by President Joe Biden, requires TikTok's Chinese parent company, ByteDance, to divest from the popular social media platform by January 19, 2025, or face a nationwide ban, according to Linternaute.
TikTok’s legal team, led by attorney Andrew Pincus, contends that this legislation represents an unprecedented move by Congress, targeting a specific company with an American branch, TikTok USA.
Pincus argued that the law infringes on constitutional protections and would silence 170 million American users who rely on the platform for unique forms of communication.
A Shell of its Former Self
The court proceedings revealed skepticism among the judges. They questioned whether the law's focus on ByteDance, a company with a Chinese majority shareholder, might contravene the First Amendment, which guarantees freedom of speech.
The government’s representative, Daniel Tenny, countered by asserting that TikTok, being controlled by a foreign entity, does not merit First Amendment protections under U.S. law.
Legal expert Sarah Kreps from Cornell University predicts that this case is likely headed to the Supreme Court. She noted that while the judges appeared doubtful of TikTok’s arguments, they raised significant concerns about balancing national security interests with constitutional rights.
TikTok has claimed that even if ByteDance complies with the sale mandate, the application would become a “shell” of its former self, losing its advanced technology that personalizes user content.
The U.S. government maintains that the law is a matter of national security, addressing concerns that ByteDance might comply with Chinese government demands for data and content manipulation.
