Kampala, Uganda | By Michael Wandati | TikTok is set to argue its case on Monday against a US law that could lead to its ban unless its Chinese parent company, ByteDance, sells the app within nine months. The law, signed by President Joe Biden in April, stems from concerns that the app could expose US users’ data to the Chinese government.
Both TikTok and ByteDance have consistently denied any ties to Chinese authorities and labeled the legislation as an “extraordinary intrusion on free speech rights.” The company, which boasts over 170 million US users, will present its arguments before a three-judge panel in a Washington DC appeals court.
Joining TikTok’s legal team are eight creators, including a rancher from Texas and a baker from Tennessee, who depend on the platform to promote their businesses and generate income.
The US Department of Justice (DoJ) will also present its case, focusing not only on data privacy concerns but also on the risk that TikTok could be used to spread propaganda by the Chinese government.
Supporters of free speech argue that enforcing such a law could set a dangerous precedent, potentially empowering authoritarian regimes worldwide. They contend that the law conflicts with the First Amendment, which protects free expression in the United States (US).
“We shouldn’t be surprised if repressive governments the world over cite this precedent to justify new restrictions on their own citizens’ right to access information, ideas, and media from abroad,” said Xiangnong Wang, a staff attorney at Columbia University’s Knight First Amendment Institute.
TikTok has submitted an amicus brief—legal documents provided by an interested party not directly involved in the case, aiming to offer information or expertise that could influence the outcome.
Additionally, Mr. Wang criticized lawmakers for being unclear about the precise national security risks they claim TikTok presents.
“We can’t think of any previous instance in which such a broad restriction on First Amendment rights was found to be constitutional on the basis of evidence that wasn’t disclosed,” he said.
However, James Lewis from the Center for Strategic and International Studies in Washington noted that the law was specifically crafted to withstand legal challenges in court.
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“The substance of the case against TikTok is very strong,” Mr Lewis said.
“The key point is whether the court accepts that requiring divestiture does not regulate speech.”
Mr. Lewis also pointed out that courts typically defer to the president on matters of national security. Regardless of the appeals court’s decision, most experts believe the case could extend for several months or even longer.
“Nothing gets resolved next week,” said Mike Proulx, vice president and research director at analysis firm Forrester.
“This is a high stakes and very complicated conundrum that will likely go all the way to the Supreme Court.”
