A panel of federal judges from the U.S. Court of Appeals for the D.C. Circuit began hearing arguments today in TikTok’s lawsuit challenging a federal law that could result in the app being banned in the United States by January 19. The case centers on the Protecting Americans From Foreign Adversary Controlled Applications Act, which requires TikTok to divest from its China-based parent company, ByteDance, or face a ban. TikTok argues the law is unconstitutional and violates its First Amendment rights.

The federal government claims ByteDance’s ownership poses a severe national security risk, although much of the supporting evidence remains classified. Government attorneys assert that TikTok’s Chinese connections allow for potential espionage and data misuse. TikTok counters that a forced sale is not feasible and would cripple the app’s ability to function effectively in the U.S.

The court is also hearing a related lawsuit filed by TikTok creators, who argue the ban infringes on their rights. Both TikTok and the federal government have requested a ruling by December 6, as the case is expected to escalate to the Supreme Court regardless of the outcome.

TikTok maintains that the ban unfairly targets the app compared to other social media platforms, calling it a “two-tiered speech regime” that discriminates based on speculative concerns about security. With over 170 million users in the U.S., TikTok claims to be a vital platform for small businesses and content creators, contributing significantly to the U.S. economy.

President Joe Biden signed the law in April following bipartisan support in Congress, amid ongoing fears about TikTok’s potential threats to national security. Previous efforts to ban the app, including an executive order by former President Donald Trump, were blocked by courts.

The decision of the D.C. Circuit Court will be closely watched, as it may set a precedent for how the U.S. government regulates foreign-owned technology companies. The outcome could affect millions of users and the broader tech industry, especially as the case heads toward a potential Supreme Court showdown early next year.