TikTok and its Chinese parent company ByteDance are suing in federal court to block the sale of the popular short-form video app and a new law that would force a nationwide ban, alleging it violates the First Amendment's free speech rights. woke up.
The law “forces TikTok to shut down by January 19, 2025, silencing the 170 million Americans who use the platform to communicate in ways that no one else can match,” the petition says. It is written in
TikTok's lawsuit challenges the law on constitutional grounds, citing commercial, technical and legal hurdles, as well as opposition from the Chinese government.
In particular, the petition alleges that a sale within 270 days is “simply impossible.” According to the petition, the Chinese government has “made clear that it will not allow the sale of the recommendation engine that is key to TikTok's success in the United States.”
TikTok challenges potential ban in lawsuit
“For the first time in history, Congress has made a single designated speech platform subject to a permanent, nationwide ban, barring all Americans from participating in a unique online community with more than 1 billion participants worldwide. “We have enacted a law to do so,” the company said. said in the petition.
The Justice Department declined to comment.
TikTok has filed a petition with the federal appeals court in Washington, D.C., seeking a court order blocking the U.S. from enforcing the law, which was signed by President Joe Biden and passed overwhelmingly by Congress in less than two weeks. There is. Biden could extend the January deadline by three months.
“Significant risks to national security and the American people.”
In passing legislation to protect Americans from controlled applications by foreign adversaries, lawmakers cited national security concerns related to TikTok's Chinese ownership and whether TikTok would hand over sensitive data about Americans or He claimed that the app could be used to spread propaganda.
“Congress and the executive branch have concluded, based on both public and classified information, that TikTok poses a significant risk to national security and the American people,” said John Moolener, Republican chairman of the House Select Committee on the Communist Party of China. ” he said. Michigan State said in a statement. “This tells us that TikTok would rather spend the time, money, and effort to fight the issue in court than break with the Chinese Communist Party and resolve the issue. I am confident that our laws will be upheld. I am sure.”
TikTok said it has never been asked to provide U.S. user data to the Chinese government and would not do so if asked. ByteDance has announced that it will not sell its U.S. operations.
TikTok's legal battle is likely to head to the Supreme Court
Previous efforts to restrict TikTok in the US have been struck down by courts.
If ByteDance does not sell TikTok, the law would prohibit app stores and web hosting services from making the service available to Americans.
“We're not going anywhere,” TikTok CEO Shou Zi Chew said in a TikTok video in April. “The facts and the Constitution are on our side.”
Legal experts say a high-stakes legal battle is likely to play out in court in the coming months and reach the Supreme Court.
Carl Tobias, a law professor at the University of Richmond, said the outcome is unclear. “Directly relevant precedent is fairly limited,” he said.
Although the law suggests free speech, “the national security rationale is pretty strong, and courts are likely to take this law very seriously,” said Penn Carey College of Technology and Innovation. said Justin “Gus” Hurwitz, senior fellow and academic director of the Competition Center. Law.
“What the Supreme Court decides is a difficult question,” Hurwitz said. “The current makeup of the court has very strong views on the First Amendment. On the other hand, the justices are very likely to take national security concerns very seriously.”
Free speech groups supported TikTok.
“Restricting citizens' access to media from abroad is a practice that has long been associated with repressive regimes, so it is sad and alarming to see our government go down this path. The challenge to TikTok's ban is important, and we look forward to its success,” Jameel Jaffer, executive director of the Knight First Amendment Institute at Columbia University, said in a statement. .
