TikTok Files Lawsuit Against U.S. Government, Claiming Free Speech Violations
In a significant legal move, TikTok has filed a lawsuit against the United States government in response to a new law that mandates its Chinese parent company divest its interest in the app or face a ban. This legal action, initiated in the U.S. Court of Appeals for the D.C. Circuit, challenges the constitutionality of the "Protecting Americans from Foreign Adversary Controlled Applications Act." According to TikTok, this law egregiously infringes upon the First Amendment rights.
The suit characterizes the legislation as a direct and novel violation of free speech rights, pointing out that it uniquely targets a specific platform for a comprehensive, indefinite national prohibition. "Congress has for the first time legislated to permanently ban a single, specific platform for speech, disconnecting over a billion users globally from an interactive online community," the lawsuit states. TikTok disputes the adequacy of national security as a rationale to curb free speech and insists the government has not substantiated the necessity of such an infringement.
The Department of Justice has not commented on the pending lawsuit, and the White House has deferred inquiries to the Department. Representative John Moolenaar (R-Mich.), chair of the House select committee on China, supports the legislation, claiming extensive evidence from both public and confidential sources validates the national security threats posed by TikTok.
The ongoing scrutiny of TikTok began in 2020, continuing through the administrations of both President Donald Trump and President Joe Biden, focusing on the app’s data collection practices and potential for foreign manipulation. Despite initiatives like "Project Texas," aimed at safeguarding U.S. user data and enhancing transparency, governmental apprehension about Chinese governmental influence remains.
The complaint by TikTok also challenges the legislation on several other grounds, arguing it violates due process under the Fifth Amendment and constitutes an unconstitutional bill of attainder by presumptively punishing the platform without a trial. Additionally, TikTok criticizes the law's offer for ByteDance to divest its U.S. operations as practically unfeasible, labeling it an illusory choice given the unrealistic 270-day timeframe imposed for such an action.
Gautam Hans, an associate clinical professor at Cornell University and a specialist in First Amendment law, notes that TikTok has historically overcome challenges to its free speech claims. However, he cautions that the bipartisan nature of this new law might influence judicial deference to Congressional assertions of national security risk, particularly without a thorough public exposition of the risks involved.
This lawsuit could set a precedent for how free speech and national security are balanced concerning digital platforms, with broad implications for tech governance and the protection of user rights in the digital age.