TikTok’s parent company ByteDance is facing a legal challenge following the signing of a law by President Joe Biden that requires them to spin off their US operations within nine months or face a ban in the US. The law comes amid concerns over national security and data privacy, with TikTok claiming some 170 million users in the US. ByteDance, based in China where free speech is restricted, plans to challenge the law on First Amendment grounds, arguing for their right to protect their business interests.
In response to the new law, TikTok CEO Shou Chew expressed confidence in fighting for their rights in the courts, stating that the facts and the Constitution are on their side. The company has encouraged its users to protest the bill, arguing that it infringes on their Constitutional right to free expression. This legal battle could have far-reaching implications for the rights of Americans to access and use social media platforms of their choosing.
Legal scholars suggest that the government’s strongest argument for forcing the sale of TikTok is based on national security concerns. The Chinese government’s potential access to data on American users through TikTok poses a compelling state interest that could outweigh the First Amendment rights of users. FBI Director Christopher Wray has labeled TikTok as a national security concern due to its ties to the Chinese government and the potential for data collection.
TikTok has denied providing data to the Chinese government and has made efforts to keep US data safe and free from outside influence. However, experts argue that the potential for influence operations, such as content suppression on the platform, is not a sufficient reason to ban the app. The government’s national security argument may also face scrutiny, as the same data could be obtained through other means without banning the platform.
The impending legal challenge by TikTok is just one of several cases expected to reach the US Supreme Court that could redefine online speech and the ability of social media companies to moderate content on their platforms. This year is shaping up to be a pivotal moment for First Amendment law, with significant cases expected to shape the rules for online speech moving forward. The outcome of these cases could have a lasting impact on how online platforms operate and the rights of users to freely express themselves.
