On Monday, TikTok faced off against the U.S. government in federal court, challenging a law that could ban the app in a few months on grounds of unconstitutionality. The Justice Department argues the law is necessary to mitigate national security risks associated with TikTok, citing concerns about the app potentially allowing Chinese authorities to access user data and manipulate content.

TikTok’s attorney, Andrew Pincus, argued that the law unfairly targets TikTok and violates First Amendment rights, suggesting that Congress should focus on addressing any propaganda rather than banning or divesting the app. The court questioned whether the government has the authority to regulate a major media company owned by a foreign entity, particularly in the context of national security and wartime scenarios.

Judge Neomi Rao noted that if TikTok were sold, creators could still use other platforms, though TikTok’s unique features make it hard to replicate. TikTok user Paul Tran highlighted how essential the platform has been for his skincare business, Love and Pebble, which relies heavily on TikTok for sales.

The Justice Department has acknowledged that while data collection is common for commercial purposes, it poses a significant risk if accessed by foreign adversaries. TikTok maintains it does not share U.S. user data with the Chinese government and has offered a detailed agreement to address the government’s concerns, though negotiations stalled last year. The law, signed by President Biden in April, marks a high-stakes moment as the court considers its implications for both TikTok and broader free speech rights.