TikTok is set to begin its defence on Monday against a US law that could lead to its ban unless its Chinese parent company, ByteDance, agrees that it will sell the platform within nine months.
The legislation, which was signed by President Biden in April, stems from ongoing fears that US user data might be vulnerable to misuse by the Chinese government.
TikTok and ByteDance have consistently denied any ties to Chinese authorities, branding the law as a “remarkable overreach into free speech protections.”
“The law is blatantly unconstitutional,” TikTok’s appeal states, adding that banning the app is so obviously unconstitutional that even those who back the law avoid calling it a ban, characterising it instead as an “ownership regulation”.
With over 170 million American users—including about a third of the adult population, according to Pew Research—TikTok’s appeal claims that forcing a sale isn’t feasible “commercially, technologically, legally—and certainly not in the 270-day timeframe imposed by the law.”
The company also warns that by January 19, 2025, TikTok will be shut down, cutting off millions of Americans who currently rely on the platform for communication in unique ways.
TikTok will soon present its case before a three-judge panel in Washington, DC, with support from eight creators—including a Texas rancher and a Tennessee baker—who argue that their livelihoods depend on the platform for marketing and sales.
Meanwhile, Department of Justice (DoJ) lawyers will argue their case. This will include detailing their concerns about data security and their fears that the Chinese government could use TikTok to disseminate propaganda to US citizens.
However, defenders of free speech in the US warn that enforcing such a law would set a dangerous precedent as it would empower authoritarian regimes worldwide.
“We shouldn’t be surprised if repressive governments the world over cite this precedent to justify new restrictions on their own citizens’ right to access information, ideas, and media from abroad,” said Xiangnong Wang, a staff attorney at Columbia University’s Knight First Amendment Institute in an interview.
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