TikTok Faces Legal Battle Over US Ban and Sale
TikTok has started its legal appeal against the possibility of being sold or banned in the US, making a strong case on Monday. This legal journey comes in response to a law that could lead to the social media app being removed from the US market due to concerns about user data. Signed by President Biden in April, the measure gives TikTok’s Chinese owner, ByteDance, limited time to comply, stirring debates over national security and free speech rights.
The primary concern is the potential vulnerability of US users’ data to exploitation by the Chinese government. Despite ByteDance repeatedly denying any links to Chinese authorities, US officials, including lawmakers and Department of Justice (DoJ) personnel, remain alarmed. They argue that the app’s presence could allow the spread of Chinese propaganda and influence among Americans. The firm now faces a tough challenge to defend its platform, which is home to over 170 million US users.
The case has attracted attention from various parties, including TikTok creators, like a Texas rancher and a Tennessee baker, who rely on the platform to market their products and make a living. These individuals have joined company representatives in presenting their arguments before a three-judge panel in Washington DC. TikTok’s lawyers argue that banning the app would represent an extraordinary intrusion into America’s free speech rights, as protected under the First Amendment of the US Constitution.
Legal experts like Xiangnong Wang, a staff attorney at Columbia University’s Knight First Amendment Institute, have also criticized the law as a gift to authoritarian regimes. Mr Wang filed an amicus brief in the case, stating that the vague reasoning of national security threats lacks a strong constitutional basis. According to him, lawmakers have not provided clear evidence of the risks posed by TikTok, casting doubt on the legitimacy of the divest-or-ban law.