TikTok and the U.S. face off in court over law that could lead to a ban on the popular platform

TikTok faced off with the U.S. government in federal court on Monday, arguing a law that could ban the platform in a few short months is unconstitutional while the Justice Department said it is needed to eliminate a national security risk posed by the popular social media company.

In a more than two-hour appearance before a panel of three judges at a federal appeals court in Washington, attorneys for the two sides - and content creators - were pressed on their best arguments for and against the law that forces TikTok and its China-based parent company ByteDance to break ties by mid-January or lose one of their biggest markets in the world.

Andrew Pincus, a veteran attorney representing the two companies, argued in court that the law unfairly targets the company and runs afoul of the First Amendment because TikTok Inc. - the U.S. arm of TikTok - is an American entity. After his remarks, another attorney representing content creators who are also challenging the law argued it violates the rights of U.S. speakers and is akin to prohibiting Americans from publishing on foreign-owned media outlets, such as Politico, Al Jazeera or Spotify.

“The law before this court is unprecedented and its effect would be staggering,” Pincus said, adding the act would impose speech limitations based on future risks.