President Joe Biden has officially signed off on legislation that forces TikTok’s parent company, ByteDance, to sell the video-sharing platform or face a ban in the U.S. However, this newly minted law is facing an uphill battle in court as critics argue that it violates TikTok users’ First Amendment rights.
ByteDance has already promised to sue, calling the measure unconstitutional. The law’s opponents, including advocacy organizations like the American Civil Liberties Union, argue that the government has not justified banning TikTok and that national-security claims may not hold up in court.
Lawmakers have long expressed concerns about Chinese authorities potentially accessing U.S. user data through ByteDance or influencing Americans through TikTok. While evidence to support these claims is lacking, political pressures have mounted.
If upheld, legal experts believe that the law could set a precedent with wider ramifications for digital media in the U.S. TikTok’s legal challenge is expected to focus on whether the ban infringes on free-speech rights, especially for businesses and influencers who rely on the platform.
The government is likely to respond with national-security claims, which could be a strong card to play in court. However, questions remain about why TikTok is being singled out compared to other U.S.-based tech companies.
Overall, the battle over TikTok’s future is expected to be lengthy and complex, with the potential for appeals that could reach the Supreme Court. The outcome of this legal showdown will have significant implications for the future of digital media and free speech in the U.S.