TikTok Sues U.S. Government Over Forced Sale, Citing First Amendment Concerns
Less than two weeks after President Biden signed a bill that will force TikTok’s Chinese owner, ByteDance, to sell the popular social media app or face a ban in the United States, TikTok has taken legal action by suing the federal government. The company argues that the law is unconstitutional and violates the First Amendment rights of its users.
TikTok filed the lawsuit on Tuesday, stating that the law effectively removes a platform that millions of Americans use to share their views and communicate freely. The company also highlighted the challenges of a divestiture, pointing out that it may not be possible within the law’s 270-day timeline due to Beijing’s refusal to sell a key feature that powers TikTok in the United States.
The lawsuit, which spans 67 pages, asserts that the law will lead to a shutdown of TikTok by January 19, 2025, and argues that Congress has never before enacted a law that subjects a single speech platform to a permanent nationwide ban.
The battle between TikTok and the U.S. government is expected to play out in the courts over the next few months, with legal experts predicting that the case may ultimately reach the Supreme Court. The law signed by President Biden gives TikTok nine months, or a year with an extension, to find a non-Chinese buyer. Failure to do so would result in U.S. app stores and web hosting services ceasing to work with the platform.
TikTok’s lawsuit challenges the government’s national security concerns, stating that selling its U.S. operations is not feasible and could violate the free speech rights of its users. The company argues that it has taken significant steps to address security risks and has made commitments to the U.S. government to ensure data protection.
The Department of Justice, which was involved in drafting the law, is likely to defend it by emphasizing that it calls for a sale, not a ban, and that national security concerns justify the limitations on speech if TikTok is banned.
TikTok’s legal challenge comes after previous attempts by the Trump administration to ban or force the sale of the app were blocked by federal courts on First Amendment grounds. The outcome of TikTok’s lawsuit against the U.S. government will have significant implications for the future of the popular social media platform in the United States.
