TikTok sues US government over law mandating sale or ban
TikTok has filed a lawsuit against the US government, challenging a recent legislation that could force its parent company, ByteDance, to sell the app or face a potential ban in the US. The legislation was enacted by President Joe Biden last month and sets a deadline of January 19, 2025 for ByteDance to comply. The legal action was initiated with an extensive 67-page petition arguing that the law infringes upon First Amendment rights.
TikTok says divestiture within timeframe is not possible
In the lawsuit, TikTok asserts that the legislation potentially eliminates a platform used by millions of Americans for communication and expression of opinions. The company states, "For the first time in history, Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban." It further argues that divestiture within the legislation's 270-day timeframe is "simply not possible," due to challenges such as ByteDance's refusal to sell its crucial algorithm that powers TikTok.
TikTok and Bytedance file lawsuit in US Court of Appeals
The lawsuit was filed in the US Court of Appeals for the District of Columbia Circuit by both TikTok and ByteDance. They argue that the legislation contravenes several aspects of the US Constitution, including First Amendment free speech protections. The companies state in their lawsuit that "the Act (law) will force a shutdown of TikTok by January 19, 2025, silencing the 170 million Americans who use the platform to communicate in ways that cannot be replicated elsewhere."
Tiktok alleges challenges in complying with legislation
The lawsuit alleges that relocating TikTok's source code to the US "would take years for an entirely new set of engineers to gain sufficient familiarity." It also states that restrictions from the Chinese government would prevent selling TikTok with its algorithm intact, resulting in a US version of the app providing Americans with a "detached experience" from other users. This, they argue, would undermine their business model.
Case anticipated to reach Supreme Court
The ongoing dispute juxtaposes Congress's national security concerns about the app's ties to China with TikTok's assertion that a sale or ban would infringe upon the First Amendment free-speech rights of its users and negatively impact small businesses reliant on the platform. The case is anticipated to reach the Supreme Court. The White House has indicated its preference for ending Chinese-based ownership on national security grounds, but not for banning TikTok.
