TikTok Files Lawsuit Against US Government to Prevent Potential App Ban

TikTok Files Lawsuit Against U.S. Government Over Potential Ban

In a bold move to protect its future, TikTok has filed a lawsuit against the United States government, challenging a recently enacted law that could lead to the app’s ban if its parent company, ByteDance, fails to sell it within a year. The lawsuit, submitted on Tuesday, asserts that the legislation violates the U.S. Constitution’s principles of free speech and individual liberty.

Unprecedented Legislation Targeting a Single Platform

TikTok’s lawsuit argues that the Protecting Americans From Foreign Adversary Controlled Applications Act (the “Act”) is unconstitutional, as it subjects a single, named speech platform to a permanent, nationwide ban and prevents every American from participating in a unique online community with over 1 billion users worldwide. This marks the first time in history that Congress has enacted such a law.

Deadline Looms as President Biden Signs Bill

The lawsuit comes on the heels of President Biden signing the bill, which included aid for Ukraine and Israel, two weeks ago. ByteDance now faces a January 19 deadline to sell the app or risk a ban, bringing the prospect of a TikTok ban closer to reality than ever before.

Lack of Evidence Supporting National Security Claims

TikTok contends that the U.S. government has not provided evidence to substantiate its claims that the app poses national security risks. The lawsuit states that congressional committees and individual Members of Congress have, at most, offered speculation rather than the evidence required by the First Amendment during the hasty, closed-door legislative process preceding the Act’s enactment.

Divestment Deemed Impossible Within Given Timeline

The lawsuit further argues that the law effectively seeks to ban the app, as selling TikTok within the 270-day timeline is not feasible. TikTok has repeatedly explained this to the U.S. government, and sponsors of the Act were aware that divestment is not possible. The Act will undoubtedly force a shutdown of TikTok by January 19, 2025, silencing the 170 million Americans who use the platform to communicate in ways that cannot be replicated elsewhere.

Technological Challenges and Chinese Government Hurdles

Even if ByteDance wanted to sell the app, the Chinese government would likely block the sale, as it would need to approve the transfer of TikTok’s algorithms. Moreover, TikTok states that a sale would be technologically impossible, as “millions of lines of software code” would need to be moved to a new owner.

Ongoing Allegations and TikTok’s Efforts to Protect User Data

The lawsuit follows four years of allegations from the U.S. government that TikTok’s ties to China pose a national security risk and expose Americans’ sensitive information to the Chinese government. TikTok has consistently denied these allegations and claims to have spent $2 billion to protect the data of U.S. users.

Concerns Over Potential Influence on Public Opinion

Lawmakers have also expressed concerns that TikTok has the potential to sway public opinion by deciding what content appears in users’ ‘For You’ feeds.

Previous Attempts to Sell U.S. Operations

During the Trump administration’s efforts to ban TikTok, the company considered selling its U.S. operations to an American company, with potential candidates including Oracle, Microsoft, and Walmart. However, none of these deals materialized. Recent reports suggest that ByteDance would prefer to shut down TikTok rather than sell it in the current situation.

For the first time in history, Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban, and bars every American from participating in a unique online community with more than 1 billion people worldwide.