TikTok will begin its appeal on Monday against a law that could ban the app in the US unless its Chinese owner, ByteDance, divests it within nine months. The law, signed by President Biden in April, addresses concerns about US user data being potentially exploited by the Chinese government.
TikTok and ByteDance deny any connections to Chinese authorities and argue that the law is a severe infringement on free speech rights. The company, which claims over 170 million US users, will present its case before a three-judge panel in a Washington DC appeals court. Joining them are eight TikTok creators who depend on the platform for their livelihoods.
The Department of Justice (DoJ) will argue that TikTok poses risks beyond data security, including the potential for spreading Chinese government propaganda. However, critics of the law argue that it could set a dangerous precedent for free speech globally. Xiangnong Wang of Columbia University’s Knight First Amendment Institute, which has filed an amicus brief, warns that the law could be used by repressive governments to justify restrictions on free access to information.
Wang also criticized lawmakers for not providing specific national security threats linked to TikTok. In contrast, James Lewis from the Center for Strategic and International Studies believes the law is robust and likely to withstand judicial review. He noted that courts typically defer to presidential decisions on national security matters.
Experts agree that the case will likely extend for months and may ultimately reach the Supreme Court. “Nothing will be resolved quickly,” said Mike Proulx of Forrester. “This is a complex, high-stakes issue with potential for a prolonged legal battle.”
