TikTok Launches Legal Battle to Protect US Operations, Arguing Violation of Free Speech Rights
TikTok, the popular short video platform, has officially launched a legal fight to prevent its Chinese owner, ByteDance, from being forced to sell its US operations. This comes after an April announcement that TikTok and ByteDance had been given until January 2022 to divest their US operations or face a potential ban in the country. The move was backed by legislation signed by President Joe Biden, granting the US government the authority to demand such sales on national security grounds.
The concern driving this decision is the perceived risk that Beijing could access data from TikTok’s 170 million American users and potentially use the platform for spying purposes. While TikTok has maintained that the intent is not to ban the app, the company’s recent filing argues that this would be the inevitable outcome if the new law is allowed to stand. In a statement, ByteDance stated that a sale is not feasible technologically, commercially, or legally.
In addition to challenging the feasibility of a sale, the filings also claim that the law violates Americans’ rights to free speech under the constitution. It was also revealed that TikTok and ByteDance have spent $2 billion on efforts to protect the data of US users. As part of their defense, the companies have committed to giving the US government power to suspend TikTok in the country if they fail to adhere to a series of national security and data protection commitments.
The legal battle will be heard by the US Court of Appeals for the District of Columbia on September 16th, with TikTok, ByteDance, and TikTok users all filing separate lawsuits. In their application, the companies stated, “This law is a radical departure from this country’s tradition of championing an open Internet, and sets a dangerous precedent allowing the political branches to target a disfavored speech platform and force it to sell or be shut down.”
They also criticized the current administration for its approach, stating, “This administration has determined that it prefers to try to shut down TikTok in the United States and eliminate a platform of speech for 170 million Americans, rather than continue to work on a practical, feasible, and effective solution to protect US users through an enforceable agreement.”
The outcome of this legal battle could have a significant impact on the upcoming election, with former president Donald Trump, who recently joined TikTok, publicly opposing a ban. The reaction of the public, particularly younger voters, will also be a crucial factor as millions could be affected by a potential TikTok outage. Ultimately, the court’s decision may also set a precedent for how other Chinese-owned entities are treated in the US.