TikTok Faces Critical US Court Battle and May Lose, Ex DOJ Official Warns

TikTok is facing significant challenges in its ongoing legal battle against a potential ban in the United States. On Monday, attorneys for both the U.S. government and the popular video-sharing app engaged in a contentious legal debate in the federal appeals court of Washington, D.C.

The atmosphere during the oral arguments did not seem favorable for TikTok. Legal experts, observing the proceedings, predict that the court is likely to rule against the app. Alan Rozenshtein, a former Justice Department official and current law professor, noted that the judges appeared disinterested in accommodating TikTok’s arguments.

Rozenshtein stated his belief that the appeals court would issue a “decisive” ruling against TikTok, echoing sentiments from other legal experts who assert that the case may eventually escalate to the Supreme Court.

If TikTok is to remain operational in the U.S., it must separate from its Chinese parent company, ByteDance. Following the enactment of a law signed by President Joe Biden in April, TikTok was given nine months to divest its U.S. operations or face removal from app stores. This law is seen as a response to perceived national security threats associated with the app.

Concerns primarily center around how TikTok could potentially share data about American users with the Chinese Communist Party. Additionally, there are fears that the platform could serve as a means for the Chinese government to disseminate propaganda. However, U.S. officials have not publicly substantiated these fears with direct evidence, leaving the actual motivations behind the legislation somewhat ambiguous.

During the court proceedings, TikTok’s lawyer, Andrew Pincus, decried the law as an “unprecedented” infringement on free speech. Pincus emphasized that this new law would uniquely target TikTok and, by extension, the voices of 170 million Americans who use the app.

Highlighting the seriousness of the issue, Pincus argued that there is no justifiable reason for Congress to act in this manner and that it imposes extreme restrictions on speech based on hypothetical future threats.

The panel of judges, however, seemed skeptical of TikTok’s position. They challenged Pincus about the implications of TikTok’s connections to China and raised hypothetical scenarios regarding legislative actions against foreign media outlets during times of conflict.

Rozenshtein remarked that the mention of China during the debates compounded difficulties for TikTok’s defense. He indicated that the increasing focus on China by the judges only adds weight to the government’s national security arguments.

On behalf of the government, lawyer Daniel Tenny cited the data collected by TikTok as being highly valuable to foreign adversaries, insinuating a potential risk to U.S. security.

Despite TikTok’s steadfast denials of any connections with the Chinese Communist Party, legal analysts like Sarah Kreps from Cornell University noted that the judges raised significant questions about the balance between First Amendment rights and national security concerns. This balancing act could pose challenges for both sides moving forward.

The possibility of an appeal to the Supreme Court looms large, with observers like Jameel Jaffer, who leads the Knight First Amendment Institute that supports TikTok, expressing concerns about the implications of a ban on American democracy. Jaffer pointed out that allowing such a ban would grant the government considerable power to regulate access to international information and media, a situation he views as problematic.

As opinions regarding a potential TikTok ban have shifted, support for it among American adults has waned over the last year. A recent survey revealed that only 32% of adults favor a ban now, down from 50% in March 2023, reflecting changing public sentiment on this contentious issue.

As the appeals court prepares to deliver its ruling, many legal experts, including Rozenshtein, remain skeptical about TikTok’s chances for success. He emphasized that for TikTok and its users to prevail, they would need to persuade judges to disregard the thoughtful considerations of Congress and the executive branch stemming from real security concerns.

“Such a request is considerable,” Rozenshtein concluded, hinting at the uphill battle ahead for TikTok.

TikTok has opted not to provide any comments regarding the ongoing case.

Source: Business Insider