TikTok says US ban would have ‘staggering’ impact on free speech

TikTok took to court on Monday to challenge a US law that could force it to sell its US operations or face a nationwide ban. This law, driven by concerns about data security and the platform’s ties to China, could have a “staggering” impact on the free speech of TikTok’s 170 million US users, according to the company.

TikTok and its parent company ByteDance have consistently denied any connection to the Chinese government and have been fighting this legislation since May, calling it unconstitutional. During the appeal hearing in Washington DC, TikTok’s legal team argued that the law violates free speech, basing its restrictions on hypothetical risks rather than proven actions.

TikTok’s Arguments: “No Wrongdoing”

TikTok’s lawyer, Andrew Pincus, highlighted that while the company is owned by ByteDance, a Cayman Islands-based company, there is no evidence of wrongdoing. He argued that TikTok is being punished for what might happen in the future, not for any actual misdeeds.

Judge Sri Srinivasan, however, pointed out the potential for Chinese influence over TikTok due to the firm’s structure. Judge Ginsberg added that the law is less about banning TikTok and more about targeting companies controlled by foreign adversaries, not just TikTok specifically.

Impact on Creators and Free Speech

For TikTok’s US creators, the potential ban threatens their platform and voice. Jeffrey Fisher, representing creators, argued that the law could infringe on their right to work with TikTok. Meanwhile, TikTok creator Tiffany Cianci was livestreaming outside the court to keep her 65,000 viewers updated. She expressed concern over the government’s focus on TikTok while politicians continue using the app in the run-up to the 2024 elections.

Government’s Case: Data Security and Propaganda

The US government has pointed to TikTok’s connection to ByteDance and raised concerns about user data and possible misuse by the Chinese government. They argue that TikTok’s recommendation engine is managed by ByteDance engineers in China, making it a potential tool for propaganda.

However, free speech advocates warn that enforcing a divest-or-ban law could set a dangerous precedent, allowing repressive governments to restrict their citizens’ access to information and media from abroad.

What Happens Next?

The case is expected to drag on, with both sides likely to appeal the outcome. According to experts like James Lewis from the Center for Strategic and International Studies, the law was crafted to stand up to judicial review. The key question now is whether the courts will see the required divestiture as an issue of speech or security.

With the stakes so high, many believe this case will eventually make its way to the US Supreme Court.