TikTok Faces Uphill Battle Against US Ban in Appeals Court Hearing

TikTok Faces Uphill Battle Against US Ban in Appeals Court Hearing

By Alexander Mitchell

December 11, 2024 at 03:32 AM

TikTok faced significant challenges during its two-hour appeal against a nationwide ban before federal judges, with the court focusing heavily on the platform's foreign ownership implications under US law.

Chief Judge Sri Srinivasan of the US Court of Appeals for the District of Columbia Circuit emphasized that while restricting US-based companies would raise First Amendment concerns, the current legislation specifically targets foreign-owned platforms from adversary nations, including China.

TikTok logo against dark background

TikTok logo against dark background

Key points from the hearing:

  • The US government's attorney, Daniel Tenny, emphasized that TikTok's code originates in China
  • TikTok's legal team countered that only "some of the code" comes from China, with significant content curation decisions made in the US
  • The legislation specifically targets companies from designated adversary nations, not all foreign-owned platforms
  • The court must rule before January 19, the deadline set by the legislation

The law, passed swiftly through Congress this spring, addresses concerns about TikTok's Chinese ownership and potential access to American users' data by the Chinese government.

Gavel in courtroom

Gavel in courtroom

Google search bar showing TikTok queries

Google search bar showing TikTok queries

The court's decision remains pending, but with the January deadline approaching, a ruling is expected soon. This case represents a crucial moment in determining the future of foreign-owned social media platforms operating in the United States.

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