TikTok under scrutiny as judges express skepticism in hearing to consider potential ban

The D.C. Circuit U.S. Court of Appeals heard arguments regarding the TikTok “sale or ban” law signed by President Biden, which aims to address national security concerns related to the Chinese-owned app. TikTok argued that its current business structure is protected by free speech rights under the First Amendment, and the government’s claims of Chinese influence are unfounded. TikTok launched Project Texas to demonstrate commitment to safeguarding user data. However, reports later emerged that ByteDance employees used TikTok to monitor journalists’ locations. TikTok argued that the data it collects is anonymized and similar to other Chinese companies, but the government raised concerns about TikTok’s source code and potential Chinese influence. The court questioned whether U.S. TikTok is protected by the First Amendment under ByteDance ownership. If TikTok fails to comply with the divestiture order, U.S. app stores may stop offering the app, and internet service providers could be required to block access to TikTok. While there is no direct evidence of Chinese propaganda on TikTok in the U.S., there is a risk. Biden and Harris have used TikTok for campaigning, despite Trump’s previous attempts to ban the app. The court hearing highlighted concerns over the potential impact on creators and users if the ban were to proceed. The court is further considering the constitutional implications of the law, including First Amendment protections and the potential for Chinese influence on the platform.

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