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TikTok and ByteDance Challenge U.S. Legislation in Federal Court, Citing Free Speech Concerns

TikTok and ByteDance Sue U.S. Government Over Mandated Divestiture, Citing Constitutional Violations

TikTok and its Chinese parent company, ByteDance, have filed a lawsuit in a U.S. federal court, aiming to block legislation signed by President Joe Biden. This law mandates either the sale of TikTok, utilized by around 170 million Americans, or its prohibition. Filed in the U.S. Court of Appeals for the District of Columbia Circuit, the lawsuit argues that the law breaches various aspects of the U.S. Constitution, notably the First Amendment’s protection of free speech.

The legislation, signed by Biden on April 24, requires ByteDance to divest TikTok by January 19 or face a ban. The lawsuit contends that such divestiture is unfeasible commercially, technologically, and legally, foreseeing the platform’s shutdown by January 19, 2025, consequently stifling the communication of its vast user base.

While the White House emphasizes the necessity of ending Chinese ownership of TikTok due to national security concerns, it has expressed opposition to a complete ban. The White House and the Justice Department declined to comment on the lawsuit.

This legal action is the latest move by TikTok to thwart attempts to shut it down in the United States, as competitors eye the platform’s political instability to gain advertising revenue. The legislative push against TikTok stems from fears among U.S. lawmakers regarding potential Chinese access to American data through the app.

TikTok has consistently denied any data-sharing with China, dismissing concerns raised by American lawmakers as speculative. However, the legislation gained significant bipartisan support in Congress, indicating widespread apprehension about TikTok’s ownership.

The lawsuit underscores the escalating tensions between the U.S. and China in the realm of internet and technology. It cites TikTok’s substantial investments in safeguarding U.S. user data and its negotiations with the Committee on Foreign Investment in the United States (CFIUS) to allay national security concerns.

Former President Donald Trump’s previous attempts to ban TikTok and WeChat were thwarted by the courts, but the Biden administration has continued to pursue restrictions, albeit with a different approach. The lawsuit also mentions Biden’s potential extension of the January 19 deadline, contingent upon ByteDance’s progress.

Overall, the legal battle over TikTok exemplifies the complex interplay between national security, free speech, and commercial interests in the digital age, with significant implications for the future of technology regulation and international relations.

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