Dec 23, 2024

TikTok Files Lawsuit Against U.S. Government Over Potential Ban Citing Violations of First Amendment

by Nina Richards | May 07, 2024
Protesters holding signs in support of TikTok in front of the U.S. Capitol building. Photo Source: Brendan Smialowski/AFP via Getty Images via The Wrap

On Tuesday (May 7), TikTok filed a lawsuit against the U.S. government over the Protecting Americans from Foreign Adversary Controlled Applications Act. The bill aims to ban the app unless its Chinese owners, ByteDance, divest their stake. The lawsuit alleges that the legislation infringes on TikTok's First Amendment rights, constituting an "unprecedented violation" of free speech. The law was signed into effect last month, prompting TikTok's legal challenge.

This measure follows concerns raised by government officials and lawmakers regarding the app's potential national security risks. However, TikTok contends that the government has not provided sufficient evidence to support these claims, nor has it demonstrated that TikTok poses any specific harm in terms of data security or foreign influence on content.

The lawsuit further highlights TikTok's efforts to address national security concerns, including its partnership with Oracle to relocate user data stored on foreign servers to Texas, thereby minimizing potential data access by the Chinese government. Dubbed "Project Texas," this initiative aims to bolster data security and transparency by subjecting TikTok's operations to rigorous audits and oversight by a subsidiary dedicated to U.S. data security. Despite these measures, the government has remained steadfast in its pursuit of ByteDance to sell the app.

In addition to challenging the constitutionality of the law on free speech grounds, TikTok's lawsuit raises antitrust concerns regarding the proposed sale of the app. With potential buyers likely limited to large social media firms capable of affording TikTok's hefty price tag, the lawsuit questions the competitive implications of such a sale and the potential for regulatory scrutiny by the Federal Trade Commission or Department of Justice.

TikTok's lawsuit also argues that the legislation mandating the sale of the app or facing a nationwide ban violates its Fifth Amendment rights, particularly the right to due process. The social media app contends that it is being deprived of its property without proper legal procedures.

Share This Article

If you found this article insightful, consider sharing it with your network.

Nina Richards
Nina Richards
Nina earned her Bachelor's Degree in Psychology from Brandman University, laying the foundation for her interest in and understanding of human behavior. She works full-time at Law Commentary and is dedicated to merging her passion for pop culture with legal insights. Combining her analytical skills and interest in staying updated on trends, she strives to deliver pop culture legal news, bridging the gap between law and contemporary society.

Related Articles

A demonstrator holds a sign reading "Free TikTok" at a rally in support of the platform amid concerns over a possible ban.
Federal Appeals Court Upholds TikTok Ban

A U.S. federal appeals court on Friday upheld a law requiring ByteDance, the Chinese parent company of TikTok, to divest its U.S. operations by January 19, 2024, or face an unprecedented ban on the popular social media app. The ruling is a significant victory for the Justice Department and opponents... Read More »

Close-up of a smartphone screen displaying the TikTok and Instagram app icons, with a clock reading 3:38 and a temperature of 17 degrees.
TikTok Suing Trump Administration Over Executive Order

The Trump Administration is currently engaged in a legal battle with the short-form video app TikTok. The popular app, which 100 million U.S. residents use, is owned by the Chinese company ByteDance. The order bans TikTok if that company fails to sell to an American based company within 45 days-... Read More »