TikTok on probation: US court to decide on its future in the United States
Monday marks a crucial step for TikTok in its standoff with the U.S. government. A federal court in Washington is hearing arguments from the video app against a law enacted last spring that requires the popular platform owned by Chinese parent company ByteDance to be sold to a non-Chinese company by January 2025. Failure to comply could result in the app being banned from the United States, a key market for the company with 170 million users.
The law, signed by President Joe Biden in April 2024, aims to limit Chinese influence over the personal data of American users and prevent any risk of espionage. It follows growing national security concerns, which had already led the administration to ban TikTok from government devices in 2023. For TikTok, the law represents an existential threat, forcing the company to consider a separation from ByteDance, an option the company deems “technically and commercially impossible.”
A debate between freedom of expression and national security
ByteDance is vigorously contesting the legislation, arguing that it violates the U.S. Constitution, including the First Amendment, which guarantees freedom of speech. TikTok says a ban would harm 170 million U.S. users, including those who rely on the platform as a sole means of communication. The company says that even if the sale were to go ahead, the app would be stripped of its innovative technology, reducing it to an “empty shell.”
For its part, the US government argues that the national security risks outweigh concerns about freedom of expression. Washington accuses ByteDance of handing over user data to the Chinese government and censoring certain content at Beijing's request. Allegations that TikTok categorically denies.
TikTok's fate at stake
The issue is also the subject of intense political debate. Republican presidential candidate Donald Trump now opposes any ban, after trying to ban the platform himself in 2020. Vice President and Democratic candidate Kamala Harris, on the other hand, strongly supports the law.
The federal court's decision is eagerly awaited, although the outcome is uncertain. If the court rules in favor of TikTok, it could pose a major challenge for U.S. authorities. On the other hand, if it rules against the app, the case could go to the Supreme Court, which will have to make a final decision.
With a decision expected by late fall 2024, the case is taking place against the backdrop of a presidential campaign, adding a political dimension to the already tense debate between national security and freedom of expression.
