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.

The measure, signed by President Joe Biden in April, was the culmination of a years-long saga in Washington over the short-form video-sharing app, which the government sees as a national security threat due to its connections to China.

The U.S. has said it's concerned about TikTok collecting vast swaths of user data, including sensitive information on viewing habits, that could fall into the hands of the Chinese government through coercion. Officials have also warned the proprietary algorithm that fuels what users see on the app is vulnerable to manipulation by Chinese authorities, who can use it to shape content on the platform in a way that’s difficult to detect.

Daniel Tenny, an attorney for the Justice Department, acknowledged in court that data collection is useful for many companies for commercial purposes, such as target advertisements or tailoring videos to users' interests.

“The problem is that same data is extremely valuable to a foreign adversary trying to compromise the security of the United States,” he said.

Pincus, the attorney for TikTok, said Congress should have erred on the side of disclosing any potential propaganda on the platform instead of pursuing a divesture-or-ban approach, which the two companies have maintained will only lead to a ban. He also said statements from lawmakers before the law was passed shows they were motivated by the propaganda they perceived to be on TikTok, namely an imbalance between pro-Palestinian and pro-Israel content on the platform during the war in Gaza.

But the panel - composed of two Republican and one Democrat appointed judges - expressed some skepticism, pressing the attorneys on TikTok's side if they believe the government has any leeway to curtail an influential media company controlled by a foreign entity in an adversarial nation. In parts of their questions about TikTok's foreign ownership, the judges asked if the arguments presented would apply in cases where the U.S. is engaged in war.

Judge Neomi Rao, who was appointed by former President Donald Trump, said the creators suing over the law could continue speaking on TikTok if the company is sold or if they choose to post content on other platforms. But Jeffrey Fisher, their attorney, argued there are not “interchangeable mediums” for them because TikTok — which has 170 million U.S. users — is unique in its look and feel, and the types of audiences it allows them to reach.

Paul Tran, one of the content creators who is suing the government, told reporters outside the courthouse on Monday that a skincare company him and his wife founded in 2018 was struggling until they started making TikTok videos three years ago. He said they had tried to market their products through traditional advertising and other social media apps. But the TikTok videos were the only thing that drove views, helping them get enough orders to sell out of products and even appear on TV shows.

“TikTok truly invigorated our company and saved it from collapse,” Tran said.

Currently, he noted the company - Love and Pebble - sells more than 90% of its products over TikTok, which is covering the legal fees for the creator lawsuit.

In the second half of the hearing, the panel pressed the Justice Department on First Amendment challenges to the law.

Judge Sri Srinivasan, the chief judge on the court who was appointed by former President Barack Obama, said efforts to stem content manipulation through government action does set off alarm bells and impact people who receive speech on TikTok. Tenny, the attorney for the DOJ, responded by saying the law doesn't target TikTok users or creators and that any impact on them is only indirect.

For its part, TikTok has repeatedly said it does not share U.S. user data with the Chinese government and that concerns the government has raised have never been substantiated. In their lawsuit, TikTok and ByteDance have also claimed divestment is not possible. And even if it was, they say TikTok would be reduced to a shell of its former self because it would be stripped of the technology that powers it.

Though the government’s primary reasoning for the law is public, significant portions of its court filings includes information that's redacted.

In one of the redacted statements submitted in late July, the Justice Department claimed TikTok took direction from the Chinese government about content on its platform, without disclosing additional details about when or why those incidents occurred. Casey Blackburn, a senior U.S. intelligence official, wrote in a legal statement that ByteDance and TikTok “have taken action in response” to Chinese government demands “to censor content outside of China.” Though the intelligence community had “no information” that this has happened on the platform operated by TikTok in the U.S., Blackburn said it may occur.

But the companies have argued the government could have taken a more tailored approach to resolve its concerns.

During high-stakes negotiations with the Biden administration more than two years ago, TikTok presented the government with a draft 90-page agreement that allows a third party to monitor the platform’s algorithm, content moderation practices and other programming. But it said a deal was not reached because government officials essentially walked away from the negotiating table in August 2022.

Justice officials have argued complying with the draft agreement is impossible, or would require extensive resources, due to the size and the technical complexity of the platform. They say the only thing that would resolve the government’s concerns is severing the ties between TikTok and ByteDance.

TikTok content creators Talia Cadet, left, and Paul Tran leave the federal courthouse in Washington, Monday, Sept. 16, 2024, after a hearing on TikTok's lawsuit against the federal government. (AP Photo/Jose Luis Magana)

TikTok content creator Paul Tran talk to the press as he leaves the federal courthouse in Washington, Monday, Sept. 16, 2024, after a hearing on TikTok's lawsuit against the federal government. (AP Photo/Jose Luis Magana)

TikTok Attorney Andrew Pincus leaves the federal courthouse in Washington, Monday, Sept. 16, 2024, after a hearing on TikTok's lawsuit against the federal government. (AP Photo/Jose Luis Magana)

FILE - The TikTok Inc. building is seen in Culver City, Calif., on March 17, 2023. (AP Photo/Damian Dovarganes, File)

TikTok content creator Paul Tran talks to the press as he leaves the federal courthouse in Washington, Monday, Sept. 16, 2024, after a hearing on TikTok's lawsuit against the federal government. (AP Photo/Jose Luis Magana)

FILE - The TikTok Inc. building is seen in Culver City, Calif., on March 17, 2023. (AP Photo/Damian Dovarganes, File)

NEW YORK (AP) — Sean “Diddy” Combs is in custody after being arrested and indicted by federal authorities in New York. He is accused of operating an empire of sexual crimes dating back to at least 2008.

The major move comes 10 months after sustained public allegations of sexual and other abuse against the music mogul. His attorney says he is innocent and he has pleaded not guilty.

Here is a look at the key events that have unfolded since late last year.

Cassie says in a lawsuit that Combs subjected her to years of abuse, including beatings and rape. The R&B singer whose legal name is Casandra Ventura, signed to Combs' label in 2005, and the two were on-again-off-again romantic partners for more than a decade starting in 2007. The lawsuit filed in federal court says Combs was “prone to uncontrollable rage” and subjected her to “savage” beatings. It says he plied her with drugs, forced her to have sex with other men, and raped her in her home as she was trying to end the relationship in 2018. Combs, through his attorney, “vehemently denies” the accusations.

With staggering speed, Ventura's lawsuit is settled the day after it is filed. The terms of the agreement are kept confidential. “We have decided to resolve this matter amicably," Combs says in a statement. "I wish Cassie and her family all the best. Love.”

Combs makes multiple calls that he recorded to another victim of his sexual abuse, according to a later court filing from prosecutors, asking for her support and “friendship” and attempting to convince her that “she had willingly engaged in acts constituting sexual abuse.”

Prosecutors say the calls came at the beginning of months of attempts to coerce and bribe potential witnesses against him as allegations emerged.

Two more women accuse Combs of sexual abuse in lawsuits filed on the eve of the expiration of the Adult Survivors Act, a New York law permitting victims of sexual abuse a one-year window to file civil action regardless of the statute of limitations. The lawsuits, filed by Joi Dickerson and another woman who was not named, allege acts of sexual assault, beatings and forced drugging in the early 1990s by Combs, then a talent director, party promoter and rising figure in New York City’s hip-hop community. Combs' attorneys call the allegations false.

Combs temporarily steps down as chairman of his cable television network, Revolt, because of the wave of sexual abuse allegations. It would be one of several business setbacks for Combs brought on by the lawsuits.

A woman alleges in another lawsuit that in 2003 when she was 17, Combs and two other men raped her. The lawsuit filed in federal court in Manhattan says she was living in a Detroit suburb and was flown to a New York studio, where she was given drugs and alcohol that made her incapable of consenting to sex, and the men took turns raping her.

The same day, Combs posts a statement on Instagram broadly denying all the allegations in the mounting series of lawsuits. “I did not do any of the awful things being alleged,” the post says. "I will fight for my name, my family and for the truth.”

A music producer files a lawsuit alleging Combs sexually assaulted him and forced him to have sex with prostitutes. The lawsuit gives a long list of potentially illegal activities dealing with drugs and sex that the producer says he witnessed. A lawyer for Combs calls the allegations “pure fiction.”

Homeland Security Investigations serves search warrants in early morning raids on Combs’ homes in Los Angeles and Miami in what officials tell The Associated Press is a sex-trafficking investigation. Combs was at one of his homes in Miami at the time. His two sons, at his home in Los Angeles, were handcuffed during the search, Combs' attorneys said.

Combs’ lawyer calls the raids “a gross use of military-level force” and says Combs is “innocent and will continue to fight” to clear his name. The attorney, Aaron Dyer, says there is "no excuse for the excessive show of force and hostility exhibited by authorities or the way his children and employees were treated.”

A lawsuit that names Combs as a co-defendant alleges that his son Christian “King” Combs sexually assaulted a woman working on a yacht chartered by his father. The lawsuit filed in Los Angeles Superior Court says Sean Combs created the circumstances that led to the assault and paid to cover it up afterward. An attorney for the two men calls the allegations “outrageous.”

In the first major piece of legal pushback from Combs and his team, they file a motion to dismiss several elements of Dickerson's lawsuit because they were not illegal in 1991 when the alleged incidents occurred. While the legal objections are procedural, the filing also slams the “numerous false, offensive, and salacious accusations” in the lawsuit.

Combs asks a federal judge to dismiss the Dec. 6 lawsuit that alleged he and two co-defendants raped a 17-year-old girl from Michigan in a New York recording studio. Again, the objections are procedural — alleging the lawsuit was filed too late under the law — but the court document calls its claims “false and hideous.”

CNN airs video that shows Combs attacking Ventura in a hotel hallway in 2016. The video closely mirrors an assault described in her lawsuit, which said Combs had already punched her that night, and she was trying to leave the InterContinental Hotel in Los Angeles when he woke and came after her. In the footage, a man who appears to be Diddy, wearing only a towel, punches Ventura, kicks her, and throws her on to the floor. The lawsuit alleges Combs paid $50,000 to take away the video at the time.

The Los Angeles District Attorney’s Office says it cannot prosecute Combs for the attack shown in the video due to statute of limitations, noting that no case had been presented to prosecutors. But the beating would be cited by federal prosecutors in Combs' indictment as part of conspiracy allegations, and used as a key example of his tactics.

Combs posts a video on Instagram and Facebook apologizing for the assault on Ventura. It's his first real acknowledgement of wrongdoing since the recent stream of allegations began.

“My behavior on that video is inexcusable," Combs says. “I take full responsibility for my actions in that video. I was disgusted then when I did it. I’m disgusted now. I went and I sought out professional help. I got into going to therapy, going to rehab. I had to ask God for his mercy and grace. I’m so sorry.”

At the request of New York Mayor Eric Adams, Combs returns a key to the city. Adams sent letters to Combs rescinding the honor as part of the fallout of the leak of the video of Combs beating Cassie. Adams says he was “deeply disturbed” by the video. Adams awarded Combs with the key at a ceremony in 2023.

A day earlier, Howard University announced it had rescinded an honorary degree given to Combs and disbanded a scholarship program in his name.

As part of a multi-faceted pushback against the lawsuits filed against him, Combs asks a federal judge to throw out the February lawsuit from the music producer. His lawyers say the suit was overrun with “tall tales,” “lurid theatrics,” “legally meaningless allegations” and “blatant falsehoods” whose intent is only to “generate media hype and exploit it to extract a settlement."

Combs travels to New York and checks into a Manhattan hotel in anticipation of an indictment and turning himself in, according to a motion later filed by his attorneys.

Diddy is sued by singer Dawn Richard in a case describing years of psychological and physical abuse, including groping, that she says she suffered as he helped launch her career. Richard, a member of the girl group Danity Kane and is well-known for appearing on the MTV reality show “Making the Band,” alleges in the suit that she witnessed Combs abuse Cassie and was afraid of the mogul.

Diddy's representatives accuse Richard of making “an attempt to rewrite history” by manufacturing “a series of false claims all in the hopes of trying to get a pay day — conveniently timed to coincide with her album release and press tour.”

Combs is arrested on a Monday night at his Manhattan hotel after a grand jury indictment. Combs' attorney calls it was an unjust prosecution of an “imperfect person” who is “not a criminal." The attorney says Combs planned to make arrangements to turn himself in, but he was arrested first.

The indictment against Combs is unsealed. It describes him as the head of a criminal enterprise that engaged or attempted to engage in sex trafficking, forced labor, interstate transportation for purposes of prostitution, drug offenses, kidnapping, arson, bribery and obstruction of justice.

It says he “engaged in a persistent and pervasive pattern of abuse toward women and other individuals,” including physical violence, in order “to fulfill his sexual desires, protect his reputation, and conceal his conduct."

Combs appears in a federal court in New York, where he pleads not guilty. A judge orders that he be held without bail as he awaits trial.

The Associated Press doesn't typically name people who say they have been sexually abused unless they come forward publicly, as those named here have.

This story was first published on May 18, 2024 and was updated on Sept. 18, 2024, to correct the spelling of the first name of Casandra Ventura.

FILE - Sean "Diddy" Combs arrives at the LA Premiere of "The Four: Battle For Stardom" at the CBS Radford Studio Center on May 30, 2018, in Los Angeles. (Photo by Willy Sanjuan/Invision/AP, File)

FILE - Host Sean "Diddy" Combs presents the revolt black excellence award at the Billboard Music Awards, May 15, 2022, at the MGM Grand Garden Arena in Las Vegas. (AP Photo/Chris Pizzello, File)

FILE - Music mogul and entrepreneur Sean "Diddy" Combs arrives at the Billboard Music Awards, May 15, 2022, in Las Vegas. (Photo by Jordan Strauss/Invision/AP, File)