Tough! TikTok sues the US government

Unconstitutional! TikTok sues the US government

On May 7, local time in the United States, TikTok and its parent company ByteDance filed a lawsuit in the U.S. federal court , seeking to block the TikTok-related bill signed by U.S. President Biden.

(In the relevant terms, TikTok was given nine months to divest its US business, otherwise it would face a US ban.)

Image source: CCTV News screenshot

TikTok and its parent company ByteDance believe that the law violates the U.S. Constitution and that "for the first time in history, Congress has enacted a law that places a single, named speech platform under a permanent, nationwide ban...divestment is impossible on commercial, technical and legal grounds."

ByteDance’s petition to the U.S. Court of Appeals for the District of Columbia Circuit

Cross-border Knowledge noted that the complaint filed with the United States Court of Appeals for the District of Columbia Circuit is 77 pages long.

The lawsuit states that the so-called "Protecting Americans from Foreign Adversaries-Controlled Applications Act" is an "unprecedented" violation of the First Amendment rights of the U.S. Constitution.

There is no doubt that the bill will force TikTok to shut down by January 19, 2025, silencing 170 million Americans.

In response to the US government's accusations of data security issues, TikTok said that the federal government did not fulfill the burden of proof required for TikTok's data security risk claims. The legislative process of the bill was hasty, and Congress did not provide any evidence that could reasonably prove that TikTok posed a data security risk or caused specific harm.

The lawsuit also added that the company has invested billions of dollars to protect the security of U.S. data and implemented a program called the "Texas Plan." Prior to this, TikTok had separated its U.S. user data from the company's other businesses and conducted third-party supervision of its content recommendations. In addition, special additional commitments were made in a 90-page draft of the National Security Agreement, including agreeing to a "shutdown option," which gives the government the right to suspend TikTok's operations in the United States if the company violates certain obligations under the agreement.

But after taking the above countermeasures, the US's behavior was disappointing. TikTok pointed out that the US government's remarks about its national security concerns were purely "speculation" and were not sufficient as a legitimate reason to violate the First Amendment rights.

TikTok said that while it continues to challenge this unconstitutional ban, we will continue to invest and innovate to ensure that TikTok remains a space where Americans from all walks of life can safely share their experiences, find joy and be inspired. Then it said that we are confident that we will continue to fight for your rights in court.

Hard fight!

This is the second time TiKTok has sued the US government

Since March this year, the U.S. Congress has rapidly advanced the bill to ban TikTok in the name of "protecting national security." On April 24, U.S. President Biden officially signed it into law. According to the new law, TikTok's parent company ByteDance must divest its U.S. business of its app TikTok within 270 days, otherwise TikTok will face a complete ban in the United States.

But this lawsuit is not the first time TikTok has sued the US government.

In 2020, then-President Trump issued an executive order against TikTok, forcing ByteDance to sell TikTok. However, TikTok, its employees, and creators sued the U.S. government separately and successfully, and the U.S. court overturned and stopped the ban at the time. Judge Carl J. Nichols believed that TikTok successfully proved that the restrictions they were subject to violated the First Amendment of the U.S. Constitution on freedom of speech. In addition, the judge also pointed out that the executive order may exceed the president's statutory powers.

Interestingly, Trump, now a Republican presidential candidate, seems to have changed his attitude. Trump recently posted a message pointing the finger at Biden, saying that if the ban is finally implemented, Biden will be responsible for it, and accused Biden of unfairly profiting for Facebook. Trump also urged young voters to take Biden's position into consideration on Election Day.

Putting aside the open and covert struggles in American politics before the election, this ban has also caused some controversy in the United States.

American civil rights organizations, including the American Civil Liberties Union and the Electronic Frontier Foundation, have repeatedly issued statements condemning the bill as violating the First Amendment and setting a precedent for the U.S. government's excessive control over social media and speech.

Tesla CEO Musk also wrote that he believes TikTok should not be banned in the United States, even though the ban may benefit its own X (Twitter) platform. He also bluntly stated that the introduction of the TikTok divestiture bill would violate the spirit of "freedom of speech and expression" represented by the United States.

The New York Times also published an article stating, "Whether love, hate, or fear, TikTok has changed America."

Additionally, the fact that Biden's presidential campaign and other members of Congress use TikTok undermines the argument that it is a national security threat.

TikTok is now asking the court to issue a declaratory judgment that the law is unconstitutional and to issue an order preventing Attorney General Merrick Garland from enforcing it.

The Justice Department declined to respond to a request for comment.

This litigation game will be a long-term game...