WASHINGTON (Diya TV) — TikTok is fighting a law that could force the video-sharing app, used by 170 million Americans, to sever ties with its Chinese parent company, ByteDance, or face a U.S. ban. On September 16, a three-judge panel from the Court of Appeals for the District of Columbia began hearing arguments in the case, which has become a focal point in the political landscape.
TikTok’s attorney, Andrew Pincus, argued that the law violates First Amendment free speech protections. Pincus also stated that the law—passed in response to congressional concerns about national security—overreaches constitutional boundaries. The law, which has bipartisan support, gives ByteDance until January 19, 2025, to sell or divest TikTok’s U.S. assets, citing concerns that China could access personal data or use the app as a tool for propaganda.
“The statute before this court is unprecedented, and its effects would be staggering,” Pincus said before Judges Sri Srinivasan, Neomi Rao, and Douglas Ginsburg. Lawyers for ByteDance argue that TikTok does not pose a national security risk and that divesting would “strip TikTok of the innovative and expressive technology that tailors content to users,” according to their appeal.
The U.S. Justice Department has countered TikTok’s claims, asserting that ByteDance could be forced by Chinese authorities to share data or manipulate the platform’s content to promote pro-China narratives.
“Given TikTok’s vast reach in the United States, its potential use by China to act against U.S. interests creates a significant national security threat,” the Justice Department said in a filing.
TikTok maintains that the divestiture order is politically motivated rather than rooted in genuine security concerns. The company argued that the law would “silence those who use the platform to communicate in ways that cannot be replicated elsewhere.”
This case is playing out during the U.S. presidential campaign. Both former President Trump and Vice President Kamala Harris have maintained their presence on TikTok. Trump, who tried to ban the app in 2020, now opposes a ban if re-elected, likely due to the platform’s appeal among younger voters.
Under the law, TikTok will be removed from app stores if ByteDance fails to divest by January. Hosting services that support TikTok will also be prohibited from providing access. If ByteDance demonstrates progress toward selling its U.S. operations, the president can extend the deadline by three months.
Although a ruling is expected in the coming months, legal experts predict that the case will ultimately reach the U.S. Supreme Court. If the law stands, TikTok may be forced to shut down its U.S. operations.
A U.S. ban on TikTok could worsen already tense U.S.-China relations. Analysts believe China may retaliate against U.S. tech companies operating in the Chinese market if the law takes effect.
“This case has far-reaching implications for data privacy and technological sovereignty,” said a Stanford University cybersecurity analyst. “It’s not just about national security—it’s about who controls data and technology.”
