TikTok and its Chinese parent company ByteDance appeared before a U.S. federal appeals court on Monday, challenging a law that could lead to a nationwide ban of the popular video-sharing app. They argue that the law violates free speech protections under the U.S. Constitution.
The law, set to take effect as early as January 19 next year, demands that ByteDance sell or divest TikTok’s U.S. assets or face a nationwide ban. Signed by President Joe Biden in April following Congressional approval, the legislation aims to address purported national security concerns.
Andrew Pincus, representing TikTok and ByteDance, presented arguments before a three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit. He contended that the law is unprecedented and unfairly targets TikTok and its American users without sufficient evidence of a national security threat.
“The law before this court is unprecedented, and its effect would be staggering,” Pincus told the judges. “For the first time in history, Congress has expressly targeted a specific U.S. speaker, banning its speech and the speech of millions of Americans.”
Pincus emphasized that the law infringes on the First Amendment rights of TikTok and its 170 million American users by restricting their ability to express themselves freely on the platform.
Another attorney, representing content creators also contesting the law, argued that it infringes upon the rights of U.S. speakers. He likened the law to a prohibition on Americans publishing content on other foreign-owned media platforms like Politico, Al Jazeera, or Spotify.
In their lawsuit filed in May, TikTok and ByteDance argued that the law violates the First Amendment by censoring a specific platform based on hypothetical future risks. They contended that upholding the statute would set a dangerous precedent, allowing Congress to bypass constitutional protections by citing national security concerns.
TikTok highlighted that the law unfairly targets a single platform, describing it as an overreach that prevents Americans from “participating in a unique online community with more than 1 billion people worldwide.”
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TikTok challenges U.S. ban law, citing free speech violations
cgtn.com
