TikTok has filed a lawsuit against the US government, contesting a new law mandating Chinese parent company ByteDance to sell TikTok or face a US ban. The company asserts that this legislation infringes upon freedom of speech and poses economic repercussions.
Freedom of Speech Concerns
TikTok contends that the law not only infringes upon freedom of speech but also adversely impacts content creators and businesses utilizing the platform for promotion and revenue generation. Despite TikTok’s proposed measures, including spending over $1.5 billion to segregate American user data from Chinese servers and consenting to oversight by Oracle, Congress proceeded with passing the law.
Constitutional Implications
The lawsuit argues that this legislation represents an unprecedented move by Congress to effectively ban a globally popular app, violating the First Amendment of the US Constitution guaranteeing freedom of speech. TikTok asserts that the law also contravenes several other constitutional norms.
Potential Closure and National Security Concerns
If upheld, the law could lead to TikTok’s closure in the US by January 19, 2025, silencing its 170 million American users. Despite TikTok’s lobbying efforts, Congress prioritized national security apprehensions over the potential threat posed by China accessing American user data or exploiting the app for propaganda, notes NIXsolutions.
As the legal battle unfolds, the court will assess TikTok’s claims and determine whether the law indeed violates freedom of speech and other constitutional norms. We’ll keep you updated on the developments in this ongoing dispute.