TikTok is taking a bold stand against the United States government by filing a lawsuit to block a law that could ban the app if its parent company, ByteDance, does not sell TikTok within a year. The lawsuit argues that the bill infringes on the U.S. Constitution, particularly regarding free speech and individual liberty.
In the lawsuit, TikTok highlights the unprecedented nature of the law, noting that it targets a single speech platform for a permanent, nationwide ban and restricts American access to an online community of over 1 billion people worldwide. Known as the Protecting Americans From Foreign Adversary Controlled Applications Act (the "Act"), the lawsuit claims the law is unconstitutional.
The legal challenge follows the signing of the bill by President Biden two weeks prior, which also included aid for Ukraine and Israel. The bill sets a deadline for ByteDance to sell TikTok by January 19, 2025, or face a potential ban.
TikTok contends that the U.S. government has not presented any concrete evidence to support its claims of national security risks associated with the app. The platform argues that the legislative process leading up to the Act's enactment relied on speculation rather than evidence, as required by the First Amendment.
The lawsuit further states that the Act effectively seeks to shut down TikTok, making it impossible for the app to be sold within the 270-day timeframe provided. Even if ByteDance were inclined to sell the app, the Chinese government would likely block the sale, as it would need to approve the transfer of TikTok's algorithms.
TikTok has also raised concerns about the technical feasibility of selling the app, given the complexities involved in transferring millions of lines of software code to a new owner.
For the past four years, TikTok has faced allegations from the U.S. government that its connections to China pose a national security threat and risk exposing Americans' sensitive data to the Chinese government. TikTok denies these allegations and asserts it has invested $2 billion to protect U.S. user data.
Lawmakers have also expressed worries about TikTok's influence on public opinion through its 'For You' feed. When a ban was previously considered under the Trump administration, TikTok explored the possibility of selling its U.S. operations to American companies like Oracle, Microsoft, and Walmart, though none of those deals materialized. Currently, reports suggest ByteDance may prefer to shut down TikTok rather than sell it.
