Late Friday, the Justice Department responded to TikTok’s lawsuit challenging a law that would require the app to be sold or face a ban in the United States. TikTok’s suit, filed in a federal court in Washington, argues that the law infringes on First Amendment rights to free speech.
The U.S. government counters that the law addresses national security issues rather than speech and that TikTok’s Chinese parent company, ByteDance, cannot claim First Amendment protections. The filing outlines concerns that ByteDance could comply with Chinese government demands for user data or be pressured to censor or promote content. A senior Justice Department official explained, “The goal of this law is to ensure that everyone can use the platform safely, without their data being directed or censored by the Chinese government.”
The response argues that the focus on TikTok’s foreign ownership places the law outside First Amendment concerns. U.S. intelligence agencies worry that China might “weaponize” mobile apps, with officials citing attempts by China to collect data on Americans through cyber activities, data brokers, and AI models.
TikTok claims that the forced divestiture is “simply not possible” within the timeline required. The law, signed by President Joe Biden earlier this year, sets a deadline of mid-January 2025 for TikTok to find a non-Chinese buyer or face a U.S. ban. The White House may extend the deadline by 90 days.
TikTok and ByteDance’s lawsuit states, “For the first time in history, Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban,” potentially silencing millions of users worldwide. ByteDance has no plans to sell TikTok, leaving the lawsuit as its only recourse to avoid a ban.
TikTok’s legal challenges began under former President Donald Trump, whose administration attempted to ban the app, a move blocked by a federal judge citing likely overstated reasons and free speech concerns. Biden’s new effort aims to address similar legal challenges, with experts suggesting the Supreme Court might prioritize national security over free speech protections.
Doubts remain about potential buyers for TikTok, even if ByteDance agreed to sell. Major tech companies like Meta and Google may face antitrust barriers, and others might not afford the app, which has about 170 million U.S. users.
TikTok’s lawsuit emphasizes that the law could force a shutdown by January 19, 2025, potentially silencing users who rely on the platform for unique communication. The Justice Department views the statute as a significant shift from previous arguments, potentially influencing future legal battles.