TikTok has officially mounted a legal challenge against a law signed by President Biden in April, which would ban the app in the US unless its parent company, ByteDance, agrees to sell it to an American owner. The company filed a suit to block the law, arguing that it violates its First Amendment rights and the free speech rights of 170 million Americans. TikTok’s attorneys stated that Congress has never before enacted such a law, creating a two-tiered speech regime that unfairly targets the platform.
The law was a response to national security concerns about TikTok and whether its Chinese-based parent company could use the app to surveil Americans or manipulate public discourse. TikTok has been accused of spying on journalists, suppressing certain topics, and mishandling user data. The company dismisses these concerns as speculative and flawed, stating that the law should be enjoined as it violates constitutional rights. However, some argue that shutting down TikTok would negatively impact the American economy.
TikTok argues that divesting the app from ByteDance is not possible due to commercial, technological, and legal reasons, rendering it an unrealistic alternative. The company believes that American social media companies pose similar risks as TikTok, and the law ignores this fact. Additionally, the law would target all ByteDance-owned apps, not just TikTok, and all content, not just problematic content. TikTok sees the law as overreaching and not specifically targeting the alleged national security risks.
The company suggests that there are better ways to address the national security concerns surrounding the app, such as negotiating with the Committee on Foreign Investment in the U.S. TikTok had been in discussions with CFIUS since 2019, but the talks were halted in 2022. TikTok believes that a less restrictive approach, such as a negotiated agreement with the government, would be more effective in addressing the concerns. TikTok also suggests that Congress could have passed national privacy laws or industry-wide regulations to address data security and content integrity issues.
Overall, TikTok’s legal challenge against the law reflects the company’s determination to continue operating in the US under its current ownership. The outcome of the legal battle will have significant implications for the future of TikTok in the US and the broader social media landscape. Critics and supporters alike will be closely monitoring the developments in this case to see how it may impact the regulation of social media platforms and data privacy concerns.
