TikTok has filed a lawsuit against the United States government challenging the bill that seeks to force the app’s Chinese owner to sell the app or face a ban. The lawsuit argues that this bill violates constitutional protections of free speech, as it subjects a single speech platform to a permanent ban, preventing Americans from participating in a unique online community with over 1 billion users worldwide. The company believes that the burden is on the federal government to prove that the restriction is warranted, which it has failed to do so far.
The Department of Justice has not yet responded to the lawsuit, and a White House spokesperson directed inquiries to the Justice Department. Lawmaker John Moolenaar, R-Mich., and chairman of the House select committee on China, defended the bill, stating that TikTok poses a grave risk to national security and the American people. He expressed confidence in the legislation being upheld despite TikTok’s legal challenge. The lawsuit is expected to delay any potential ban or sale of the app, extending an already lengthy timeline for resolution.
Efforts to regulate TikTok have been ongoing for several years under both the Trump and Biden administrations, with concerns related to data security, the app’s recommendation algorithm, and the potential for influencing public opinion. While some experts have raised doubts about these claims, TikTok has made efforts to address data security concerns through initiatives like Project Texas. However, these steps have not alleviated government worries about the app and Chinese government oversight.
The lawsuit alleges that Congress has presented no evidence to justify the law’s restrictions on TikTok, violating the Fifth Amendment’s right to due process and being an unconstitutional bill of attainder. It argues that the law effectively bans TikTok, as divesting its U.S. business is not feasible within the stipulated timeline. The lawsuit also warns that maintaining the law could set a precedent for the federal government to force other platforms to sell or face shutdown based on national security concerns, potentially impacting freedom of speech and press.
Legal experts believe that TikTok faces an uphill battle in challenging the law given the bipartisan support it received in Congress. The D.C. Circuit Court, where the lawsuit was filed, has strong jurisdiction over federal law and has a wide-reaching impact on the country. While TikTok has been successful in previous First Amendment challenges, the unprecedented nature of this law may make it difficult to convince courts to overturn it without a clear understanding of the national security risks that TikTok supposedly poses. Despite TikTok’s arguments, the legal battle over the future of the app is likely to be protracted and complex.
