TikTok faced off with the U.S. government in federal court on Monday, arguing a law that could ban the platform in a few short months was unconstitutional while the Justice Department said the measure is critical to eliminate a national security risk posed by the popular social media company.
Attorneys for the two sides – and content creators – appeared before a panel of three judges at a federal appeals court in Washington, where TikTok and its China-based parent company, ByteDance, are challenging the law that is forcing them to break ties by mid-January or lose one of their biggest markets in the world.
Andrew Pincus, a veteran attorney representing the two companies, argued in court that the law unfairly targets the company and runs afoul of the First Amendment because TikTok Inc. – the U.S. arm of TikTok – is an American entity. Another attorney representing creators who are …