On May 8th, TikTok, the popular short video platform, filed a lawsuit in the federal appeals court in Washington D.C., challenging the U.S. government's TikTok ban as unconstitutional. The law in question demands the app be banned or sold, marking a legal battle between national security and freedom of speech in the era of global information warfare.
The lawsuit directly targets the TikTok law signed by President Biden last month, which requires TikTok to separate from its parent company ByteDance, or face a ban in the U.S. TikTok strongly opposes this law in the lawsuit and seeks to block the government from enforcing the ban.
ByteDance has previously stated that it cannot and will not sell its U.S. business before the deadline.
TikTok accuses the U.S. government of trampling on its First Amendment rights and the freedom of speech of millions of Americans under the guise of national security. The lawsuit explicitly states, "Without question, this law will force TikTok to shut down by January 19, 2025, depriving 170 million American users of the freedom to communicate in a way that cannot be replicated on other platforms."
Furthermore, the lawsuit claims that the U.S. ban is an unconstitutional legislative punishment that not only deprives TikTok of equal protection under the law but also amounts to an illegal seizure of private property.
Since 2018, this short video platform has operated in the U.S., quickly becoming a platform that combines entertainment, news sources, cultural trends, and activities, attracting a large following of young users.
According to Pew Research Center, over half of U.S. adults aged 18 to 29 use TikTok, with about four in ten users stating they regularly get news from the app - a number that has doubled since 2020.
However, U.S. national security officials and federal lawmakers have been wary of TikTok's growth. Supporters of the law argue that TikTok provides a powerful tool for foreign adversaries to monitor Americans and manipulate public opinion through its algorithm. They claim that forcing TikTok to sever ties with China is the only effective way to address security risks.
TikTok, on the other hand, states that it has taken measures to protect user data and prevent influence from the Chinese government.
While the U.S. has long restricted foreign ownership of broadcast and television broadcasting, Congress has never taken such a radical step against an internet platform with hundreds of millions of American users.
Currently, TikTok's daily operations continue as usual. High-profile users continue to post content, and TikTok reassures advertisers not to worry. At a meeting in New York last week, TikTok executives assured over 300 media companies that the company will not back down in this battle.
TikTok has not publicly commented on its financial situation, but sources familiar with the matter reveal that the company has not yet turned a profit.
According to research firm eMarketer, TikTok's ad sales in the U.S. are expected to grow by 31% this year, reaching $8.7 billion. The platform is heavily investing in building shopping features, potentially competing with giants like Amazon, allowing users to buy and sell goods directly on the platform.
The actual value of TikTok's U.S. business remains unknown if ByteDance decides to sell it. Potential buyers suggest an initial price of $20 billion for TikTok's U.S. operations.
However, in practical terms, divestiture seems to be off the table as the Chinese government has indicated it will not allow the forced sale of the app. If TikTok loses in court and is forced to exit the U.S. market, competitors like Instagram, Snapchat, and YouTube may capitalize on this vacuum.
Previous courts have ruled on some federal and state restrictions on TikTok, leaving the First Amendment issue unresolved.
A federal judge in Washington D.C. previously rejected the Trump administration's efforts to ban TikTok, ruling that the agency exceeded the authority granted by the 1970s International Emergency Economic Powers Act.
In another lawsuit in Pennsylvania, another U.S. district judge supported a group of TikTok users' lawsuit against the Trump administration based on similar legal grounds.
However, the current situation is different as it is Congress taking action after receiving classified briefings, rather than the White House attempting to ban TikTok based on decades-old legal authority.
In March of this year, the Republican-led House overwhelmingly passed the TikTok-related bill. The Senate then carefully examined the legislation but ultimately approved it after extending the time for TikTok to find a buyer.
Currently, TikTok is restricted on federal government smartphones. Many states have also banned the platform on state government devices.
Several Supreme Court precedents may play a crucial role in this legal battle, including a 1965 case where the Court explicitly stated that citizens have the right to receive information, even propaganda from foreign sources. In that case, judges declared a federal law invalid because it made it harder for Americans to receive foreign propaganda mail.
TikTok's U.S. headquarters are located in Los Angeles, and the company insists that its app does not favor any party and has not been asked by the Chinese government to hand over U.S. user data. In the upcoming litigation, the U.S. Department of Justice must demonstrate valid reasons for Congress to shut down TikTok and restrict freedom of speech. Additionally, the Department must refute TikTok's argument that Congress's concerns could have been addressed through more precise restrictions rather than resorting to bans or forced app sales.
David Greene, a lawyer from the nonprofit organization Electronic Frontier Foundation in the field of digital civil liberties, opposes this ban as well, emphasizing that these concerns should not merely be speculative. He points out, "The government must prove this is a real security issue, not just an assumption."
The U.S. Department of Justice is currently declining to comment on the lawsuit. However, the U.S. government may disclose confidential information regarding the alleged security threats of TikTok in court.
Alan Rozenshtein, a constitutional law professor at the University of Minnesota, stated, "The key is whether the national security reasons presented by the government are sufficiently substantial. Ultimately, this will be the deciding factor."
