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 from its U.S. subsidiary.
In oral argument on Sept. 16, judges emphasized that the law targeted a foreign adversary rather than others who might challenge it based on free speech.
The Department of Justice (DOJ) has argued that since ByteDance relies on a proprietary algorithm based in China, its structure raised the prospect of interference by a foreign adversary.
During one exchange, attorney Andrew Pincus, representing TikTok, highlighted how multiple “speakers” or media outlets were owned by foreign entities….