TikTok sues to block US ban, cites free speech violations

Alleging First Amendment violations, TikTok sues to block US ban.

The company's statement:

"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 one billion people worldwide.”

The law:

• Forces sale or bans TikTok by Jan. 19, 2025, or within 270 days.
• Biden could extend the deadline by three months.
• Passed with bipartisan support, citing national security concerns over Chinese ownership.
• Claims TikTok could give data to China or spread propaganda.

TikTok's defense:

• Never provided US user data to China and wouldn't if asked.
• Sale is "simply not possible," especially within the timeframe, due to technical/legal hurdles and Beijing's opposition.
• Chinese govt. won't permit divestment of its recommendation engine, crucial to TikTok's success.

Legal perspective:

• Justin "Gus" Hurwitz, University of Pennsylvania: "While this law clearly does implicate speech, the national security justification is reasonably strong and courts are likely to take it very seriously...It is a hard question how the Supreme Court would decide."

Previous restrictions struck down by courts.

• ByteDance won't sell US ops. If so, app stores/web services must block access to Americans.
• Legal battle expected to reach the Supreme Court.

TikTok's petition | Protecting Americans From Foreign Adversary Controlled Applications Act