TikTok Sues US Government Over Potential Ban, Citing First Amendment Violation
In a bold move, TikTok, the popular short-form video social media platform, has filed a lawsuit against the US government, claiming that a potential ban of the site would violate the First Amendment. The China-based company is specifically targeting the Protecting Americans From Foreign Adversary Controlled Applications Act, signed by President Joe Biden on April 24, as an unconstitutional law.
The lawsuit, filed in the US Court of Appeals for the DC Circuit, aims to prevent the act from taking effect in 2025. Merrick B Garland, the US attorney general, is named as the sole defendant in the suit. The legislation in question would make it illegal for data brokers to disclose sensitive information of US residents to governments of countries like North Korea, China, Russia, Iran, or companies controlled by them.
ByteDance, the parent company of TikTok, has denied being owned or controlled by the Chinese government. However, the company is required to establish a Communist Party committee comprising party members. The lawsuit argues that the ban on TikTok is unconstitutional and that the law does not provide any specific threats posed by the platform in the US.
The petitioners are seeking a judgement declaring the act unconstitutional, an order preventing the attorney general from enforcing the law, and any other appropriate relief. With ongoing litigation, the deadline for the potential ban could be extended, prolonging the uncertainty for the 170 million Americans who use TikTok for communication and entertainment.