The judges challenged TikTok's defenses against an April law requiring ByteDance to divest or face a ban, emphasizing concerns over congressional authority and fairness.
Neomi Rao remarked that TikTok's legal reasoning on congressional authority appears fundamentally flawed, suggesting the company's arguments may not hold in court.
Douglas Ginsburg noted a potential misunderstanding in TikTok's perspective, indicating that the law does not unfairly target only one company, but rather addresses broader regulatory concerns.
The potential ban on TikTok is poised to significantly impact both the app's market position and its vast U.S. user base, raising First Amendment concerns.
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