As a January deadline looms for TikTok to find a non-Chinese buyer or face a nationwide ban, the company was in court this week to defend itself.

A three-judge panel from the U.S. Court of Appeals for the D.C. Circuit listened to arguments by TikTok that freedom of speech supersedes national security concerns in this case. Yet, as NPR reports, the judges appeared dubious of the argument. However, "the judges also pointed out that millions of American TikTok users, and TikTok’s U.S. operations, do have First Amendment protections and the government shutting down the app could violate those rights."

ByteDance, the Chinese firm which owns TikTok, has until January 19, 2025 to find an American buyer for the social media platform, or face a ban. But with this ongoing court case and appeals, an extension of the ban seems likely.

In Monday's proceedings, Federal Appeals Judge Neomi Rao pointed out that TikTok had a "very strange framework" in it's case against the law. "I know Congress doesn’t legislate all the time, but here they did," Judge Rao said. "They actually passed a law. And many of your arguments want us to treat them like they’re an agency.”

But various outside observers have noted the strength of the claims against TikTOk.

"The substance of the case against TikTok is very strong," James Lewis, of the Center for Strategic and International Studies, told the BBC. Lewis added that the law was drafted to withstand judicial scrutiny. "The key point is whether the court accepts that requiring divestiture does not regulate speech."

And that issue of regulating speech was made by the DOJ. As Forbes cites, the government argues "the law doesn’t violate creators’ rights because they can still post videos on places other than TikTok, alleging, 'Any preference these petitioners may have for using TikTok over those other platforms does not create a constitutional right to TikTok—nor could their preference overcome the national-security interests supporting the Act.'”

For Mike Proulx of analysis firm Forrester and Guatam Hans of Cornell Law, the high stakes of the case almost certainly ensure an appeal and eventual appearance before the US Supreme Court.

Verdict

While it’s clear that TikTok will fight for it’s life until the end, the impact of a ban shouldn’t be underestimated. TikTok is a major online platform, and disrupting its business would certainly escalate tensions between the US and China, but also raise concern for other Silicon Valley firms.