United States of America: Issued ruling in lawsuit challenging constitutionality of Protecting Americans from Foreign Adversary Controlled Applications Act (TikTok v US Attorney General)

On 6 December 2024, the United States Court of Appeals for the District of Columbia Circuit issued a ruling upholding the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act, which imposes restrictions on foreign-controlled applications such as TikTok. The court concluded that the Act serves national security interests and is narrowly tailored to achieve those interests, thus satisfying strict scrutiny under the First Amendment. The court found that the government's justifications for the Act in preventing data collection and content manipulation by foreign adversaries were compelling. The People's Republic of China's ability to exploit TikTok for espionage and propaganda allegedly posed significant national security risks. The court rejected TikTok's argument that the Act is overinclusive or underinclusive, finding that the Act's focus on foreign adversary control and the inclusion of a generally applicable framework are appropriate measures to address national security concerns. The court concluded that the Act would not violate the Equal Protection Clause. The Act's specific application to TikTok was justified by the unique national security risks posed by the platform The generally applicable framework provides a mechanism to address similar risks from other applications in the future.