TikTok sues over US ban
Following the passage of a bill in the United States that is also known as the 'TikTok Ban Act,' TikTok has filed an objection to the bill, claiming that it may violate the First Amendment to the Constitution, which guarantees freedom of expression and speech.
Court filing on TikTok ban | TikTok Newsroom
TikTok sues to block prospective US app ban | CNN Business
https://edition.cnn.com/2024/05/07/tech/tiktok-sues-us-app-ban/index.html
HR7521 - 118th Congress (2023-2024): Protecting Americans from Foreign Adversary Controlled Applications Act | Congress.gov | Library of Congress
https://www.congress.gov/bill/118th-congress/house-bill/7521
On April 24, 2024, President Joe Biden signed the National Security Act, 2024 , which combines several bills and emergency budget proposals. This bill enacted the Protecting Americans from Foreign Adversary Controlled Applications Act, which requires TikTok to either sell or exit its US operations.
The law requires that if a social networking app is determined by the President of the United States to be a 'foreign adversary controlled application,' it must be prohibited from being distributed, maintained, or made available within 270 to 360 days, and if the President determines that the app is sold to another party and is no longer an application controlled by a foreign adversary of the United States, the law will no longer apply.
The law designates China as a hostile foreign country, and the US has given China-based ByteDance and TikTok, which it operates, 270 to 360 days to either sell or cease offering its services in the US.
The U.S. Court of Appeals for the District of Columbia Circuit would have exclusive jurisdiction over challenges to the bill, and would provide that any challenge to the bill must be brought within 165 days of the bill's enactment date, and any challenge to an action, finding, or decision made under the bill must be brought within 90 days of such action, finding, or decision.
On May 7, 2024 local time, TikTok filed an appeal against the bill in the U.S. Court of Appeals for the District of Columbia Circuit, pursuant to the U.S. judicial system.
TikTok argues that the First Amendment to the U.S. Constitution guarantees freedom of speech and that the bill could hinder Americans' freedom of speech and block their access to accurate information.
TikTok pointed out that the US government had taken the unprecedented step of using congressional power to ban a specific app, arguing that 'for the first time in history, Congress has enacted a law that permanently and nationwide bans a single speech platform, preventing Americans from participating in an online community that reaches more than one billion people around the world.' It asked the court to rule the new law unconstitutional.
The US government has expressed concern that TikTok's ties with China could lead to the transfer of personal information of Americans to the Chinese government. However, the US government has not presented any concrete evidence that the Chinese government has accessed TikTok data, and discussions are currently proceeding based solely on the assumption that it is 'possible.'
TikTok CEO Shou Zhu has previously argued that 'TikTok is operated independently from ByteDance, the platform's US management locations are in Singapore and Los Angeles, and American data is managed by a US company
Opinion about this bill is divided in the United States, with some believing it is constitutional within the national security framework and others arguing that national security claims should not take precedence over the First Amendment.
First Amendment scholars point to the existence of the Berman Amendment , which says the president does not have the power to block communications from foreign countries under certain circumstances, and argue that American citizens have a right to information regardless of the country from which it originates, and that a ban on TikTok may not be appropriate. Gautam Hans, an associate professor at Cornell University who specializes in the First Amendment, said, 'Without a public debate about what the specific risks are, I think it will be difficult for the court to determine why such an unprecedented law should be justified.'
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