On Monday, Sept. 16, TikTok faced a panel of judges in the U.S. Court of Appeals for the District of Columbia Circuit. This hearing, which lasted around two hours, involved both TikTok and the parent company, ByteDance.
TikTok’s Legal History
Earlier this year, Congress passed a law that could force the app to be sold to non-Chinese companies or face the consequence of being banned in the United States. Throughout the last few years, the U.S. government has been concerned about national security over TikTok’s Chinese ownership.
Throughout the Covid-19 pandemic, TikTok skyrocketed in popularity. The app, filled with short-form content videos, surpassed 1 billion users by 2021. Many lawmakers and officials became concerned over the potential that the Chinese government could have access to such a vast amount of data collected from users via TikTok.
By 2020, the Trump administration attempted to ban TikTok by issuing an executive order demanding that the app be sold to a non-Chinese company. TikTok fought back and the case has sat in limbo for the last few years.
Although the Biden administration paused the legal actions against TikTok, Congress passed a law attempting to ban TikTok. Passed in April of 2024, this law cited worries over the selling of U.S. data to the Chinese government, as well as the app’s ability to influence public opinion.
ByteDance and TikTok took legal action by filing a lawsuit, arguing that the ban of the app would violate the First Amendment right of free speech.
Monday’s Hearing
At Monday’s hearing, TikTok’s lawyers again argued that this ban would violate First Amendment rights, as well as citing that there is not enough evidence of national security concerns to justify the ban. Other non-U.S.-owned companies such as Business Insider or Politico, don’t seem to face the same scrutiny that TikTok is under.
The Department of Justice (DOJ) then defended the law via its emphasis and concerns about national security risks. They cited the high number of American users and the vast amount of data collected from those users. The DOJ also claimed that TikTok’s algorithm could be used in order to influence public opinion or make harmful statements about the U.S.
The Future of TikTok
The court is expected to issue a ruling sometime in December 2024. There is a high chance that the case is further appealed, which would lead to the case being heard in the Supreme Court.
All eyes are on this court case, as the outcome could mean a total shutdown of TikTok in the U.S. This case will also set a new precedent for how companies with foreign ties will operate in the U.S.
What are your thoughts on the court case? Will a TikTok ban finally cure your brain rot or leave you incredibly bored? Share your thoughts by tweeting us @valleymag on X!
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