US President Joe Biden has signed a new federal law that prohibits the use of the popular social network Tiktok in the country. In response to this, the general director of Tiktok, ZHO Show, made a statement on the platform, assuring users that Tiktok will not give up. He stressed that they have “facts and the constitution on their side.”
On May 7, Tiktok and its parent company BYTEDANCE filed a lawsuit against the Biden administration in the U.S. District Court County of Colombia, arguing that the new law violates several constitutional provisions, including the first amendment which guarantees freedom of speech. The lawsuit claims that Tiktok is involved in creating and distributing content on important issues, which is the “primary form of expression protected by the first amendment.”
Subsequently, on May 14, a group of content creators filed a separate lawsuit in the same court, stating that the new law infringes on their right to freedom of speech. They highlighted that Tiktok has enabled creators to find their voice, reach a large audience, and use new communication methods.
The law, known as the “Protection of Americans from Foreign Adversaries’ Apps Act,” gives BYTEDANCE 270 days to sell Tiktok to a new owner, or else the platform will be banned in the United States. BYTEDANCE argues that separating Tiktok from the global platform is not feasible commercially, technologically, or legally. This means that if the law is upheld in court, Tiktok may have to cease operations in the US.
The Biden administration contends that such actions are necessary to safeguard national security. According to White House spokesperson Karin Jean-Pierre, “the president aims to shield Americans from potential harm from another country,” referring to China.
Concerns about Tiktok have garnered rare bipartisan support in the US Congress. Senators Mark Warner and Marco Rubio have expressed a united front on the threat posed by Tiktok, pointing out that the platform’s parent company has ties to the Chinese Communist Party.
However, Tiktok and BYTEDANCE dispute this characterization in their lawsuit, arguing that the law fails to substantiate the threat posed by Tiktok and does not explain why Tiktok should be treated differently from other platforms.
Federal courts traditionally consider national security a significant state interest. The key issue at hand is whether banning Tiktok or mandating its sale is a “narrowly tailored measure” to achieve this interest or if there are less drastic alternatives. These considerations will be central to the case.
Notably, Tiktok has previously prevailed in a case related to the first amendment