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TikTok Begins Case in Federal Court Against Potential US Ban

In a high-stakes legal battle, TikTok defended itself in court on Monday against a proposed U.S. law that could see the platform banned unless its parent company, ByteDance, divests its U.S. operations. The law, which aims to address concerns over potential Chinese government access to U.S. user data, has sparked controversy, with TikTok arguing that it would have a “staggering” impact on the free speech rights of its 170 million American users. The hearing took place in Washington D.C., where a panel of three judges is considering TikTok’s appeal to block the legislation.

 

TikTok came under heavy scrutiny following Israel’s War on Gaza for failing to censor pro-Palestine narratives accordingly. In a leaked audio, ADL CEO Jonathon Greenblatt stated “we have a major, major, major generational problem” and “we really have a TikTok problem,” referencing the decline of public support for Israel among young people.

 

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TikTok and ByteDance have repeatedly denied any ties to the Chinese government, but U.S. lawmakers remain concerned about the security risks posed by the platform. According to the law, TikTok’s U.S. operations must either be sold or face a ban, a move that TikTok says is unconstitutional. Andrew Pincus, the lawyer representing TikTok, told the court that the law “imposes extraordinary speech prohibition based on indeterminate future risks,” noting that the U.S. government has not accused TikTok of any wrongdoing thus far.

 

During the hearing, the focus quickly turned to the issue of control. Judge Sri Srinivasan pointed out that ByteDance, despite being based in the Cayman Islands, remains subject to Chinese control, raising concerns about its potential vulnerability to Chinese government influence. TikTok’s defense maintained that such concerns are speculative, but Judge Ginsberg countered, arguing that the law seeks to prevent foreign adversaries from controlling companies like TikTok, rather than banning the platform outright.

 

Free speech advocates have expressed concern that the law could set a dangerous precedent. Jeffrey Fisher, representing TikTok creators, argued that the law threatens their constitutional right to work with platforms of their choice. TikTok creator Tiffany Cianci, who live-streamed outside the courthouse to thousands of viewers, echoed these concerns, saying, “The American people care about this issue. They’re tuning in because they’re worried about losing something.”

 

Meanwhile, government lawyers insisted that ByteDance’s control poses a genuine threat. They highlighted that TikTok’s recommendation algorithms, a key aspect of the platform, are still developed by Chinese engineers, fueling fears that the app could be used to spread propaganda or manipulate content. As the legal battle unfolds, experts believe the case could drag on for months, potentially even reaching the U.S. Supreme Court, with significant implications for free speech and national security.



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