TikTok Faces National Security Challenge: Legal Battle Over Ban Intensifies

TikTok and ByteDance are contesting a U.S. law set to ban the app by arguing it infringes on free speech. The federal appeals court engaged in a rigorous discussion over the law's implications and national security concerns, with the decision likely before Dec. 6, ahead of the presidential campaign peak.

A lawyer representing TikTok and its Chinese parent company, ByteDance, argued on Monday before a federal appeals court to block a U.S. law set to ban the short video app by January 19. The legal team contended the ban violates free speech protections, facing rigorous questions from the judges.

A three-judge panel from the U.S. Court of Appeals for the District of Columbia heard extensive arguments, with Justice Department lawyer Daniel Tenny maintaining that TikTok, under Chinese ownership, poses a national security threat due to its access to significant personal data on Americans. Andrew Pincus, arguing for TikTok and ByteDance, insisted the government had not proven these security risks, highlighting constitutional violations, including First Amendment concerns.

Pincus emphasized the unprecedented nature of the law and its extensive impact, noting Congress's direct action against a U.S. speaker. The law mandates ByteDance sell TikTok's U.S. assets by January 19 or face a ban, driven by fears over potential data access by China. The lawsuit suggests upholding the law would set a dangerous precedent for circumventing the First Amendment under national security pretexts.

(With inputs from agencies.)