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Chinese-owned TikTok in court this week to fight for the app’s future in the U.S.

Crystal Graham
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(© chathuporn – stock.adobe.com)

While most people in the United States look to the TikTok app for recipes, beauty tips or other fun videos, the platform is potentially dangerous and could be used to deliver propaganda to its users, according to U.S. government officials.

ByteDance, a Chinese company, owns TikTok.

The future of the app’s use in the U.S. is being debated due to national security concerns with a potential ban for users going into effect in mid-January.

Congress, through a bipartisan effort, passed a bill in April that gave TikTok the opportunity to find a new owner or be banned from the U.S. completely.

The deadline for a sale is Jan. 19, 2025.

TikTok’s CEO posted a message to users following the legislation’s approval: “Rest assured. We aren’t going anywhere,” Shou Chew said in a video message.

TikTok representatives were in a federal appeals court this week arguing for its ability to remain in the U.S. Three federal judges will decide the fate of a law that could result in the ban of the app for Americans.

“While we might think of TikTok as mostly fun dance videos and people sharing their beauty routines, this federal law and subsequent court hearings demonstrate that social media is political,” said Megan Duncan, an assistant professor in Virginia Tech’s School of Communication. “Because it is a place where public opinion can be influenced and because it is a company that controls substantial money and power, social media is political.”

TikTok has a growing base of active users in the U.S. that includes politicians looking to reach Gen Z voters. However, national security experts worry about the potential for China to play a role in election interference by targeting users of the app.

Former president and Republican nominee for president in 2024, Donald Trump, and current vice president and Democratic nominee for president in 2024, Kamala Harris, both are on the platform with millions of followers.

“Interestingly, while the case involves discussion about national security and the potential for espionage, U.S. use of TikTok has proliferated with the platform having more than 170 million users that includes individuals, businesses, and even major U.S. politicians,” said Cayce Myers, a professor of public relations at Virginia Tech.

The federal case involves what regulation should be allowed in free speech and if the government can limit the exposure of Americans to foreign views.

“The ban of TikTok is significant because of the First Amendment implications for both TikTok and its users,” said Myers. “TikTok argues that the forced divestment creates a double standard under the First Amendment for their platform, which ultimately violates free speech.”

The case and potential regulation of TikTok could set precedent for other social media platforms.

“The case will set a precedent about the extent to which regulating software applications’ ownership is a First Amendment issue for their users,” said Jimmy Ivory, a Virginia Tech communications expert who focuses on new media and communication technologies.

TikTok told employees that the legislation would be the “beginning, not the end” of a long process to challenge what the company says is unconstitutional legislation.

“I would not expect resolution any time soon. We are likely to see this case appealed to the Supreme Court of the United States regardless of how this appeal goes,” Ivory said.

Crystal Graham

Crystal Graham

Crystal Abbe Graham is the regional editor of Augusta Free Press. A 1999 graduate of Virginia Tech, she has worked for 25 years as a reporter and editor for several Virginia publications, written a book, and garnered more than a dozen Virginia Press Association awards for writing and graphic design. She was the co-host of "Viewpoints," a weekly TV news show, and co-host of Virginia Tonight, a nightly TV news show on PBS. Her work on "Virginia Tonight" earned her a national Telly award for excellence in television.