TikTok and its Chinese parent company, ByteDance, have filed a lawsuit challenging a new American law that would ban the popular video-sharing app in the U.S. unless it is sold to an approved buyer. The lawsuit argues that the law unfairly singles out TikTok and is an unprecedented attack on free speech. ByteDance claims that the law paints its ownership of TikTok as a national security threat without any evidence to support this claim and that the law is unconstitutional. If TikTok loses the lawsuit, it would be forced to shut down next year.
The law requires ByteDance to sell TikTok to a U.S.-approved buyer within nine months, with an additional three-month extension if a sale is in progress. ByteDance has stated that it does not plan to sell TikTok, and even if it wanted to divest, it would need approval from the Chinese government. The Chinese government has indicated that it would not allow ByteDance to include the algorithm that powers TikTok in the sale. TikTok argues that the law leaves them with no choice but to shut down by January 19, as continuing to operate in the U.S. would not be commercially, technologically, or legally possible.
The lawsuit argues that divesting the U.S. TikTok platform as a separate entity from the rest of TikTok, which has 1 billion users worldwide, would be a technological impossibility. It claims that a U.S.-only TikTok would be detached from the rest of the world, and the law requires all of TikTok’s software code to be separated from ByteDance, making it operationally impossible. TikTok and ByteDance also argue that the law violates the First Amendment’s guarantee of freedom of expression and are seeking a judgment declaring it unconstitutional. The Justice Department has declined to comment on the lawsuit, and the White House has not addressed questions regarding the president’s use of TikTok.
The law has been defended by Rep. Raja Krishnamoorthi, who argues that it is necessary to address national security concerns posed by ByteDance’s ownership of TikTok. ByteDance is expected to ask a court to temporarily block the law from taking effect, with the decision on whether to grant such an injunction potentially determining the case’s outcome. The fight over TikTok comes amid broader U.S.-China tensions, with concerns over data security and economic competition. Critics of the law argue that there is no public evidence showing that TikTok has shared U.S. user information with Chinese authorities or manipulated its algorithm for China’s benefit.
The lawsuit is expected to succeed by some experts, who believe that the law violates the First Amendment. However, others suggest that the bipartisan nature of the law could lead judges to defer to Congressional determinations of national security risks posed by TikTok. Without a clear understanding of the risks involved, it is uncertain whether the courts will uphold the law. The debate over TikTok reflects broader concerns about privacy, data security, and freedom of expression in the digital age.
