TikTok and ByteDance File Lawsuit Against US Government
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In a significant legal showdown, TikTok and its Chinese parent company ByteDance have filed a lawsuit against the United States government over a law that could potentially ban the popular video-sharing app unless it is sold to another entity. The lawsuit contends that the law’s vague characterization of TikTok as a national security threat is an attempt to circumvent First Amendment protections.
This highly anticipated legal battle, initiated on Tuesday, appears to be setting the stage for a protracted legal struggle over TikTok’s future in the United States, with potential implications reaching the Supreme Court. Should TikTok lose the lawsuit, it faces the prospect of being compelled to shut down by next year.
The social media giant argues that the law, signed by President Joe Biden as part of a larger $95 billion foreign aid package, is “patently unconstitutional.” Sponsors of the measure are attempting to portray it not as a ban, but as a TikTok ownership regulation. This marks the first instance of the US government singling out a social media company for potential prohibition, a move typically associated with repressive regimes like Iran or China.
ByteDance, in its filing with a federal appeals court in Washington DC, stated, “For the first time in history, Congress has enacted a law subjecting a single named speech platform to a nationwide ban and prohibits all Americans from participating in a unique online community with over 1 billion people worldwide.” The law mandates ByteDance to divest TikTok within nine months, with an additional three-month window if a sale is already in progress. ByteDance asserts it has “no plans to sell TikTok,” but even if it wished to do so, it would need Beijing’s approval.
The lawsuit contends that divesting TikTok as a separate entity in the US is commercially, technologically, and legally unfeasible. ByteDance argues that such a move would effectively isolate a US-exclusive TikTok, functioning as a disconnected island within the global TikTok ecosystem. Moreover, TikTok highlights the technological hurdles, stating that complying with the law would necessitate transferring millions of lines of code to a new team of engineers—a team that doesn’t exist and lacks the necessary expertise to operate the platform effectively.
Both TikTok and ByteDance assert their First Amendment rights are being violated and seek a declaratory judgment that the law breaches the US Constitution. They also request an injunction against Attorney General Merrick Garland from enforcing the law, along with any additional relief the court deems appropriate.
The Department of Justice declined to comment on the lawsuit, while White House Press Secretary Karine Jean-Pierre sidestepped questions regarding the president’s continued use of TikTok for political activities, yielding to the ongoing campaign. Legal experts suggest ByteDance will likely seek a temporary injunction from a court to halt the law’s enforcement pending the lawsuit’s outcome. However, the decision to grant such an injunction could prove pivotal in the case’s trajectory.
This legal battle unfolds amidst escalating US-China tensions, particularly in strategic domains like advanced technologies and data security, deemed critical to each country’s economic prowess and national security. Congressional concerns about potential Chinese influence over US user data and public opinion via TikTok have intensified, although evidence supporting these claims remains elusive.
Opponents of the law argue that it fails to address other avenues through which nefarious actors could access Americans’ data. They emphasize the need for comprehensive privacy legislation rather than a blanket ban on widely used social media platforms.
Jameel Jaffer, executive director of Columbia University’s Knight First Amendment Institute, expresses confidence in TikTok’s challenge to the ban, citing First Amendment protections against undue government censorship. However, the bipartisan nature of the law could sway judges towards upholding it, absent clear public discourse on the purported national security risks. As this legal saga unfolds, it poses profound implications not only for TikTok’s future but also for the broader landscape of digital governance and free expression in the United States.
