TikTok Files Suit Against US Govt Over Proposed Ban

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TikTok’s office in Culver City, Califonia. The company has said a new U.S. law requiring its sale is essentially a ban.

TikTok Tuesday filed a lawsuit against the American government regarding a new law that would require its Chinese owner, ByteDance, to sell the popular social media app or face a ban in the United States.

This legal action has sparked a contentious debate over national security and freedom of speech, with the case expected to reach the Supreme Court.

TikTok contended that the law infringed upon the First Amendment rights of users, as it would effectively eliminate a platform that millions of Americans utilise to express their opinions and engage in open communication.

Additionally, TikTok argued that complying with the divestiture mandate within the 270-day timeframe was impractical, citing challenges such as Beijing’s reluctance to sell a crucial component that enables TikTok’s operations in the United States.

Said the company in the 67-page petition, which initiated the lawsuit: “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. There is no question: The act will force a shutdown of TikTok by January 19, 2025″.

TikTok is currently facing a struggle for its existence in the United States, as the conflict is anticipated to unfold mainly in legal proceedings in the upcoming months.

The dispute involves Congress’s worries regarding national security due to the app’s connections to China, while TikTok contends that either a sale or ban would infringe upon the free speech rights protected by the First Amendment and negatively impact small businesses that rely on the platform for their livelihood.

It is projected that the matter will eventually be brought before the Supreme Court.

The situation becomes especially complex during an election year, as President Biden and legislators are confronted with potential backlash from the app’s numerous users. With 170 million monthly users in the United States, TikTok is utilised for a wide range of activities, from sharing trending dances to expressing political opinions.

It has become deeply integrated into people’s daily routines, especially for those who rely on the platform for their livelihood as content creators.

The new legislation signed by President Biden on April 24, showed that TikTok has a deadline of nine months, or potentially a year with an extension granted by the president, to secure a buyer that is not of Chinese origin. Failure to do so would result in U.S. app stores and web hosting services being required to cease all operations with TikTok, effectively leading to its ban.

The core of the issue revolves around lawmakers’ determination to protect the United States from what they and certain specialists deem a national security risk; they argue that the Chinese government may pressure ByteDance to hand over sensitive TikTok user data or utilise the app for propaganda purposes.

However, the requirement to either sell or ban the app could lead to alterations in TikTok’s content guidelines and influence what users can openly post on the platform, potentially infringing upon their freedom of speech, as per legal analysts.

Said Evelyn Douek, an assistant professor at Stanford Law School who has researched the First Amendment and the internet: “These are hugely consequential questions being dealt with in an unprecedented manner. TikTok basically throws the First Amendment sink at this challenge”.

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