TikTok Sues US Gov’t

TikTok is suing the US government to stop the enforcement of a bill that seeks to force the app’s Chinese owner to sell the app or face a ban. The lawsuit argues that the bill violates constitutional protections of free speech and is an “unprecedented violation” of the First Amendment.

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Background

• The bill, the Protecting Americans from Foreign Adversary Controlled Applications Act, was passed last month.
• The lawsuit was filed in the US Circuit Court of Appeals for Washington, DC.
• TikTok argues that the bill is a permanent, nationwide ban on a single speech platform and restricts free speech without sufficient reason.

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Government Response

• The Department of Justice has not commented on the lawsuit.
• A White House spokesperson directed a request for comment to the Justice Department.
• John Moolenaar, chairman of the House Select Committee on the Chinese Communist Party, stated that TikTok poses a grave risk to national security and the American people.

Legal Proceedings

• The lawsuit is expected to add to an already lengthy timeline for a potential ban or sale of the app.
• ByteDance, TikTok’s Chinese owner, already had over a year to make a move, and legal proceedings will pause the timeline, meaning it could be years before a ban goes into effect.

TikTok’s Efforts

• TikTok has made efforts to assure the public and US officials that it takes data security seriously.
• In 2022, the company started “Project Texas,” a move meant to provide data security and transparency around the information the app collects about US users.

Conclusion

• The lawsuit states that Congress has not offered any evidence suggesting that TikTok poses data security risks or foreign propaganda spread that could justify the law.
• TikTok claims the law violates the right to due process under the Fifth Amendment and is an unconstitutional bill of attainder.