TikTok’s Future Hangs in the Balance as Judges Prepare to Render Verdict
In a move that has left many stunned, a panel of three judges is set to decide the fate of TikTok, a platform used by a staggering 170 million Americans. The company’s very existence is now resting on the shoulders of these judges, who have been tasked with determining whether a law aimed at divesting TikTok from its Chinese owner, ByteDance, is constitutional.
During Monday’s oral arguments, the judges seemed to be leaning towards skepticism towards TikTok’s case, with several questioning the practicality of requiring the company to make disclosures about its data and content moderation practices. One judge even suggested that TikTok’s arguments sounded like they wanted the court to treat Congress like an agency.
But it’s not just TikTok that’s at stake. The outcome of this case could have far-reaching implications for free speech and the ability of Americans to produce content for other media companies with foreign owners. As one lawyer argued, upholding the law could lead to limits on Americans’ ability to produce content for companies like Politico, Spotify, and the BBC.
The judges also questioned whether creators really have a First Amendment interest in who owns TikTok, with one judge pointing out that the law is about foreign adversary nations, not just foreign ownership broadly. This raises the question of whether the US entity TikTok, Inc. has First Amendment rights, and if so, whether they are "incidental" in this case.
The government has sought to show the court certain classified documents while withholding them from TikTok, citing national security concerns. These documents did not come up during the oral arguments, which focused on the level of First Amendment scrutiny that should be applied to the case and how to assess the role of a foreign owner over TikTok.
Whatever the outcome, it can be appealed to the Supreme Court, but the clock is still running out with the January 19th deadline for divestment fast approaching. Will the judges side with TikTok, or will they rule in favor of the government’s efforts to divest the company from its Chinese owner? Only time will tell.
