TikTok, the popular video-sharing app, has initiated legal proceedings against the United States government through the filing of a 66-page complaint.
The action is in response to a recently enacted law that mandates the divestment of TikTok’s ownership from its Chinese parent company, ByteDance, to a non-Chinese entity within a 12-month period, failing which the app would face a nationwide ban.
TikTok chief executive officer Shou Chew failed to persuade US lawmakers that there was not a national security threat of China potentially accessing user data and disseminating propaganda to 170 million Americans.
TikTok sued the US government over a new law that will force its Chinese parent company ByteDance Ltd. to divest the popular video app or face a ban across the country.
The lawsuit marks the first legal challenge since Congress passed the law in April. TikTok has argued that the law will stifle free speech and hurt creators and small business owners who benefit economically from the platform. The company previously said that it spent more than $1.5 billion to isolate its US operations and agreed to oversight by American company Oracle Corp.
“For the first time in history, Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban, and bars every American from participating in a unique online community with more than 1 billion people worldwide,” the company said in a Tuesday filing in the US Court of Appeals in the District of Columbia.
The legal battle comes after President Joe Biden signed into law a Ukraine-Israel aid package that includes the TikTok provision. A lobbying push by TikTok chief executive officer Shou Chew failed to persuade US lawmakers who worry about the national security threat of China potentially accessing user data and disseminating propaganda to 170 million Americans — about half the US population.
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“There is no question: the Act will force a shutdown of TikTok by January 19, 2025, silencing the 170 million Americans who use the platform to communicate in ways that cannot be replicated elsewhere,” the company said.
TikTok has asked the court to issue a judgment that the law violates the Constitution and to prohibit the Justice Department from enforcing it. TikTok is being represented by Covington and Burling LLP and Mayer Brown LLP.
TikTok has characterized the law as “unprecedented” and “unconstitutional,” claiming that it infringes upon the First Amendment rights of American citizens to freely express themselves.
The company contends that a potential ban would deprive its substantial user base of 170 million individuals in the United States of a platform for consuming and disseminating content, including commentary on topical matters.
TikTok claims that the government has not presented concrete evidence substantiating claims that the app poses any threat to national security.
It also argues that a divestment would render the app commercially unviable, as the new owners would be unable to provide access to the global content that is integral to TikTok’s appeal.
The company has posited that the transfer of its source code within the prescribed timeframe is unrealistic, and that China’s export restrictions would likely preclude the transfer of the proprietary algorithm to new owners.
TikTok is being represented by Covington and Burling LLP and Mayer Brown LLP.
Legal experts anticipate that the government will defend its actions as legitimate exercises of authority, citing concerns over potential data theft and the dissemination of propaganda by China through the TikTok platform.
The TikTok Implications
The legal challenge holds significant implications, as TikTok has previously secured legal victories against the Trump administration and the state of Montana in their attempts to impose bans on the app.
However, the current case is perceived as the strongest challenge to TikTok’s operations in the United States with many anticipating that the stakes are so high it will ultimately reach the Supreme Court.
Projections from experts suggest that the legal proceedings could delay a final resolution on TikTok’s future in the United States until at least 2026.
