TikTok argued that the algorithm was developed by a “global engineering team” and is maintained by U.S.-based engineers for the American version of the platform. However, the government contended that these safeguards were insufficient to mitigate risks tied to Chinese influence and potential access to sensitive data.
In their challenge, TikTok, ByteDance, and several American users of the platform argued that Congress improperly enacted the sale-or-ban law to suppress viewpoints expressed on TikTok. They cited statements from lawmakers accusing the platform of amplifying content aligned with Chinese Communist Party policies, including anti-Israel and anti-Ukraine rhetoric.
A D.C. Circuit panel upheld the law in December, ruling that it survived the highest level of judicial review—strict scrutiny—because it was narrowly tailored to achieve the government’s compelling national security interests. The Supreme Court, while applying intermediate scrutiny, similarly found the law justified and necessary to address security risks.
