TikTok Fights Back Against The U.S. Government

Photo by Alexander Shatov on Unsplash

(TargetLiberty.org) – On Tuesday, TikTok and its parent company ByteDance, which is based in China, filed a lawsuit against the U.S. government’s attempt to ban the app from the United States. In the lawsuit, the company argues that this ban would be a violation of the First Amendment. 

The law in question, the Protecting Americans From Foreign Adversaries Act, would give ByteDance close to 270 days in which they would need to sell TikTok to a different company that would have the right to run its operations in the U.S. Alternatively the app is going to be banned from online application stores and American networks. President Biden could potentially give another 90 days to ByteDance for the sale of TikTok if he believes that is necessary. 

However, TikTok has opposed this move arguing that “qualified divestiture” was impossible legally, technologically, and even commercially. As such, as it was pointed out this law would just result in the app getting banned in the United States, which would cut off access to the app for millions of daily users. 

TikTok also blasted the law for having specifically named the app. As it points out TikTok and ByteDance are the only apps mentioned, but the law does give the president the authority to name other applications that would fall under these regulations. 

TikTok has pointed out that even if such a sale was “feasible” the law would still be unconstitutional and it would set the precedent that Congress is allowed to use national security as a means of circumventing the First Amendment by calling for any website, publisher or newspaper to sell or be banned. 

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