TikTok fights sell-or-ban law in first U.S. court hearing

Judges question whether app's Chinese ownership excludes it from constitutional protection

20240916 N TIKTOK

 TikTok argues that the sell-or-ban legislation signed into law in April is unconstitutional and will violate its users' free speech rights. © Reuters

YIFAN YU, Nikkei staff writer

PALO ALTO, California -- U.S. judges weighed the question of whether constitutional rights should be extended to TikTok despite its Chinese ownership on Monday, as the popular short-video app argued a sell-or-ban bill infringes on free speech in a high-stakes hearing that could decide its fate.

In a lawsuit brought by TikTok and other entities, the company is arguing that forced divestiture by the U.S. government -- under the Protecting Americans from Foreign Adversary Controlled Applications Act -- is unconstitutional. It alleges that the law violates American users' rights under the First Amendment of the constitution and the company's right to the guarantee of equal protection under the law.

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