[Salon] TikTok sues the US over potential ban, citing freedom of speech



TikTok sues the US over potential ban, citing freedom of speech

Insights from Cornell University, Rest of World, and Lawfare

https://www.semafor.com/article/05/07/2024/tiktok-sues-us-over-ban

Tiktok ChinaREUTERS/Dado Ruvic

TikTok has filed a lawsuit challenging a law that seeks to force its Chinese parent company ByteDance to sell the app to a US entity or be banned. The complaint was filed on Tuesday in Washington DC’s federal appeals court.

TikTok argues that the new law is unconstitutional and violates American’s First Amendment right to free speech, according to the suit.

TikTok also alleges it has been denied equal protection under the law, which, it alleges, is akin to unlawful seizure of property, according to the documents.

“There is no question: the Act will force a shutdown of TikTok by January 19, 2025,” the lawsuit states, “silencing the 170 million Americans who use the platform to communicate in ways that cannot be replicated elsewhere.” One of TikTok’s greatest assets is its algorithm, and ByteDance has said it will not sell.

President Joe Biden signed the TikTok bill into law in April, giving TikTok a year to sell or be banned. TikTok’s CEO Shou Chew had promised to fight the law on freedom of speech grounds, and many TikTok creators and users have also decried the law’s passing.

Lawmakers appeared confident courts would uphold the law, however.

“It is telling that TikTok would rather spend its time, money, and effort fighting in court than solving the problem by breaking up with the CCP,” said Rep. John Moolenaar (R-Mich). Moolenaar is the GOP chairman of the House select committee on China. “I’m confident that our legislation will be upheld.”



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