Next week, the U.S. Court of Appeals in D.C. will hear arguments about whether the government can ban TikTok, using classified evidence that TikTok and its legal team cannot access. On September 16th, the court will address TikTok’s First Amendment challenge, which claims the ban violates free speech rights.
The case hinges on whether the Department of Justice can justify a ban based on secret information that even TikTok can’t see. The government argues that TikTok is a national security threat, but revealing the full reasons would also jeopardize security. Legal experts expect the courts to approach the matter cautiously, given the First Amendment concerns and the government’s use of classified evidence.
Much of the government’s evidence against TikTok is based on redacted, classified materials, which it says are necessary to protect national security.
The government claims that even if China hasn’t yet exploited TikTok, the app poses a potential threat due to its access to user data and the influence its algorithm could exert on U.S. citizens. The filings also highlight the concern that TikTok’s data could allow the Chinese government to track Americans.
TikTok, however, disputes these claims, saying the data it collects is securely stored in the U.S., and its operations have been restructured to prevent such risks. The company argues that the law is unconstitutional, particularly because it singles out TikTok by name. The court’s decision, expected in December, could either uphold or block the law, but an appeal is likely regardless of the outcome.
