TikTok faced significant challenges during its two-hour appeal against a nationwide ban before federal judges, focusing on concerns about foreign ownership and constitutional rights under US law.

Chief Judge Sri Srinivasan of the US Court of Appeals for the District of Columbia Circuit highlighted that while restrictions on US-based companies would raise First Amendment concerns, this case specifically addresses foreign ownership of US companies and their algorithmic influence on American content consumption.

Key points from the hearing:

• The US government's attorney, Daniel Tenny, emphasized that TikTok's code is developed in China
• TikTok's legal team countered that only partial code originates from China, with significant content curation decisions made in the US
• The legislation specifically targets companies from adversary nations, with China being one of them
• The law set a January 19 deadline for TikTok to comply

The legislation, which passed through Congress rapidly this spring, addresses concerns about TikTok's Chinese ownership potentially enabling access to American users' data. The court is expected to rule before the January deadline.

The appeals court struggled to find historical precedents, largely relying on analogies about propaganda and hypothetical scenarios, while also considering recent Supreme Court decisions on online speech. The final decision could significantly impact the platform's future in the United States.

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