Today, we’re diving into a major legal battle TikTok, the popular social media app, has filed a lawsuit against the U.S. government. This legal action is a response to a recent bill that could force TikTok’s Chinese owner, ByteDance, to sell the app or face a ban in the United States. However, one of their excuses in the filing is getting a lot of attention.
The bill in question is the Protecting Americans from Foreign Adversary Controlled Applications Act. TikTok argues that this law infringes on constitutional rights, specifically citing violations of the First Amendment, which protects free speech. The lawsuit labels the act as an “unprecedented violation” of these rights, pointing out that it’s the first time Congress has targeted a single, named speech platform for a permanent, nationwide ban.
TikTok’s argument hinges on the claim that the bill’s national security concerns do not justify such restrictive measures on free speech. They’re challenging the government to prove that such restrictions are necessary, which they believe hasn’t been done.
However, in the filing, TikTok said that they cannot comply with divestment because “the Chinese government has made clear that it would not permit a divestment.”
In other words, China has been in control of the social media platform.
TikTok says the Chinese Communist Party won’t allow it to be sold.
Clear proof Beijing has always controlled TikTok. https://t.co/PWWoEFua8F
— Senator Marco Rubio (@SenMarcoRubio) May 8, 2024
On the other side, the government, along with figures like John Moolenaar, the chairman of the House Select Committee on the Chinese Communist Party, argue that TikTok poses a significant risk to national security.
The lawsuit also challenges the constitutionality of the law on several grounds. TikTok claims it violates the right to due process under the Fifth Amendment and constitutes an unconstitutional bill of attainder, which is a legislative act that declares a party guilty of a crime without a trial.
