The law requiring ByteDance to divest TikTok entirely or have TikTok banned from the US is in front of the DC Circuit Court, and there are at least two arguments that TikTok is making that are…misleading.

The first is this one:

Never before has Congress silenced so much speech in a single act.

No speech is being silenced. Only a particular outlet—TikTok—used by the People’s Republic of China intelligence community is being acted against. That outlet would remain available were ByteDance to wholly divest TikTok, which ByteDance and the PRC, on their own initiative, refuse to do. There also are a plethora of speech pathways for precisely the same speech desires besides TikTok. ByteDance’s/PRC’s decision to let TikTok be closed will have no impact on speech.

The second is this one:

Our constitutional tradition leaves no room for the government to stop Petitioners from expressing their ideas through the editor and publisher they have chosen. The government could no more prohibit a freelance journalist from publishing in a magazine of her choice; forbid an actor from working with a particular director; or tell a musician what studio he can record in.

Of course, no one is making any prohibition of this. The decision to leave TikTok available to the freelancer (or any other journalist), the actor, or the musician is entirely in the hands of ByteDance and the PRC government. It’s their decision to refuse to let TikTok be divested that would deny access to TikTok.