Court Seems Skeptical of TikTok’s Challenge to Forced Divestment Law

Attorneys for TikTok and content creators argued the law should face scrutiny under the First Amendment.

A smartphone displaying a TikTok logo is placed on a computer motherboard in this illustration on Feb. 23, 2023. Dado Ruvic/REUTERS

WASHINGTON–A three-judge panel questioned TikTok’s claim that Congress violated the First Amendment with a law that would require its Chinese parent company, Bytedance, to divest itself of its U.S. subsidiary.

In oral arguments on Sept. 16, judges emphasized that the law targeted a foreign adversary rather than others who might challenge it based on free speech.