TikTok's Legal Challenge Against the Biden Administration's Ban in US Court

Monday, 16 September 2024, 20:44

TikTok is contesting a law that mandates the app's sale or a US ban, arguing it infringes on users' free speech rights. The appeal took place at the US Court of Appeals, where privacy and national security concerns over TikTok's Chinese ownership were heavily debated. TikTok contends that the law subjects them to unfair restrictions based on speculative risks related to China’s influence.
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TikTok's Legal Challenge Against the Biden Administration's Ban in US Court

TikTok's Legal Contest

TikTok is mounting a significant legal challenge against a US law mandated by the Biden administration requiring the sale of the app or else a ban. During the hearing, TikTok lawyers argued that the law violates the First Amendment by imposing restrictions on speech based on future risks related to its Chinese ownership.

Free Speech and Ownership Issues

The court assessed the arguments presented by both sides. TikTok maintains operations in the US and states that the law presupposes dangers without concrete evidence.

  • Andrew Pincus, TikTok's attorney, emphasized that the law imposes extraordinary restrictions on free speech.
  • The Chief Judge raised concerns about TikTok’s foreign ownership being a risk factor.
  • Judges pointed out past negotiations between the US government and TikTok failed to resolve national security concerns.

Content Moderation and Data Security

Debates also touched upon TikTok’s content moderation and how ownership influences it. TikTok argued that most moderation is done in the US, while the government insisted that Chinese control presents a serious risk.

The Future of TikTok in the US

The outcome of this case could significantly impact the platform's future in the US. TikTok aims for a ruling that would block the law and uphold its operations without forcing a sale.


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