Last month, the Justice Department argued in a legal brief filed in a Washington federal appeals court that neither TikTok's China-based parent company, ByteDance, nor the platform's global and U.S. arms - TikTok Ltd. and Tik Tok Inc. - were entitled to First Amendment protections because they are "foreign organizations operating abroad" or owned by one.
TikTok attorneys have made the First Amendment a key part of their legal challenge to the federal law requiring ByteDance to sell TikTok to an approved buyer or face a ban.
Last week, they argued in a court document that TikTok's U.S. arm doesn't forfeit its constitutional rights because it is owned by a foreign entity. They drew a parallel between TikTok and well-known news outlets such as Politico and Business Insider, both of which are owned by German publisher Axel Springer SE. They also cited Fortune, a business magazine owned by Thai businessman Chatchaval Jiaravanon.
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