U.S. Judges Weigh TikTok’s Future in High-Stakes Legal Battle Over Constitutional Rights

In a pivotal hearing on Monday, U.S. judges debated whether TikTok, despite its Chinese ownership, should be granted constitutional protections. The popular social media app is challenging a U.S. government sell-or-ban order, claiming it violates free speech rights under the First Amendment.

TikTok’s legal team argues that forced divestiture by its Chinese parent company, ByteDance, is unconstitutional under the Protecting Americans from Foreign Adversary Controlled Applications Act. They assert the law infringes on both TikTok’s and its 170 million U.S. users’ rights to free speech and equal protection.

The U.S. government contends that TikTok poses a national security risk, potentially acting as a tool for Chinese government propaganda.

The case, heard by the U.S. Court of Appeals for the District of Columbia Circuit, involves circuit judges Sri Srinivasan, Neomi Rao, and Douglas Ginsburg. TikTok seeks a ruling by Dec. 6, as the government has set a January 19 deadline for ByteDance to divest its U.S. operations.

The outcome could have profound implications for TikTok, its users, and the broader debate over foreign influence and free speech in the U.S.