Today, May 7, 2024, TikTok initiated legal proceedings against the US federal government, asserting that the potential ban of the app and its Chinese owner, ByteDance, would infringe upon the First Amendment of the United States Constitution. This lawsuit comes in response to a bill signed by President Joe Biden last month, which mandates that TikTok and its parent company either divest their ownership of the app or face a nationwide ban.
Today we filed a petition in federal court seeking to overturn the unconstitutional TikTok ban. Read our petition here: https://t.co/Lx3l4DaRTG
— TikTok Policy (@TikTokPolicy) May 7, 2024
TikTok has argued that the law not only violates the First Amendment but also imposes an impossible requirement for divestiture. The company claims that any such action would isolate American users from the global community on a platform that thrives on shared content. In a statement, TikTok highlighted its substantial investment in safeguarding US data and ensuring the platform remains free from external manipulation.
Legal experts and First Amendment advocates have voiced their support for TikTok’s lawsuit, suggesting that the company has a strong case. They argue that without concrete evidence to support the government’s claims of TikTok posing a national security threat, a ban could be deemed an overreach that would cause irreparable harm to the company. Some have proposed that a comprehensive data privacy and security law could better protect US user data than an outright ban.
Jameel Jaffer, the executive director of the Knight First Amendment Institute at Columbia University, expressed confidence in TikTok’s legal challenge, emphasizing the importance of protecting Americans’ access to foreign media and ideas under the First Amendment.
TikTok has not yet responded to a request for comment on the lawsuit.
This legal battle is a pivotal moment for TikTok and the broader debate surrounding data privacy, national security, and free speech in the digital age.
Read the full petition from TikTok here