Law requires ByteDance, TikTok's Chinese parent company, to sell the app or face a ban
No concrete evidence presented publicly showing Chinese government access to TikTok data
Protecting Americans From Foreign Adversary Controlled Applications Act signed into law last month
TikTok argues violation of First Amendment rights and sets dangerous precedent
TikTok challenging US law that could lead to nationwide ban
TikTok, a popular social media platform used by over 170 million Americans, is challenging a new US law that could lead to a nationwide ban of the app. The Protecting Americans From Foreign Adversary Controlled Applications Act was signed into law last month and requires ByteDance, TikTok's Chinese parent company, to sell the app or face a ban. However, TikTok argues that this law violates their First Amendment rights and sets a dangerous precedent for Congress to circumvent the Constitution by ordering publishers to sell or face shutdown.
The lawsuit filed Tuesday at the US Court of Appeals for the District of Columbia Circuit argues that singling out TikTok by name in this law is an unprecedented violation of free speech. The company also points out that no concrete evidence has been presented publicly showing Chinese government access to TikTok data, and a qualified divestiture may not be feasible.
The legal challenge comes after the US government took steps to ban TikTok on the state level and at the federal level under former President Trump. However, these efforts were blocked in court. The new law is more significant as it grants the president authority to name other applications that could fall under similar regulations, making it a potential threat to other apps and their users.
The fate of TikTok in the US remains uncertain as this legal battle unfolds. The company has until mid-January 2025 to sell the app or face a ban if they lose in court.
TikTok is suing the United States government to stop the enforcement of a bill that seeks to force the app’s Chinese owner to sell the app or have it banned.
The lawsuit argues that the bill, called the Protecting Americans from Foreign Adversary Controlled Applications Act, violates constitutional protections of free speech and is an
If feasible, TikTok argued that the law sets a precedent allowing Congress to circumvent the First Amendment by ordering publishers to sell or face shutdown.
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The author makes an appeal to authority by quoting John Moolenaar, R-Mich., and the chairman of the House select committee on China. This quote does not directly demonstrate a fallacy but it is important context for understanding the perspective of those pushing for the ban.
]Congress and the Executive Branch have concluded, based on both publicly available and classified information, that TikTok poses a grave risk to national security and the American people. It is telling that TikTok would rather spend its time, money, and effort fighting in court than solving the problem by breaking up with the CCP. I’m confident that our legislation will be upheld.[/
TikTok sued the US government to block a law that would force the app to be divested from ByteDance or be banned from the US.
The Protecting Americans From Foreign Adversaries Act gives ByteDance 270 days to sell TikTok to a new company, or the app will be banned.
TikTok argued that ‘qualified divestiture’ is not possible and would lead to a shutdown of the app in the US.
The law singles out TikTok and ByteDance by name, granting the president authority to name other applications that could fall under the same regulations.
If feasible, TikTok argued that the law sets a precedent allowing Congress to circumvent the First Amendment by ordering publishers to sell or face shutdown.
The Protecting Americans From Foreign Adversary Controlled Applications Act (the ‘Act’) targets TikTok Inc., a US corporate entity that publishes the TikTok platform in the US, with a permanent, nationwide ban.
Congress enacted this law for the first time in history, singling out and banning a specific speech platform used by 170 million Americans.
In reality, there is no choice for ByteDance as the demanded ‘qualified divestiture’ is not specified in the Act.
Accuracy
]The Act targets TikTok Inc., a US corporate entity that publishes the TikTok platform in the US[
The Act offers ByteDance Ltd., TikTok’s ultimate owner with Chinese subsidiaries, a choice to divest TikTok’s US business or be shut down.
TikTok sued the US government to block a law that could force a nationwide ban of the app
The lawsuit sets up a historic legal battle over First Amendment rights and access to information for TikTok’s 170 million US users
If TikTok loses, it could be banned from US app stores unless its Chinese parent company sells the app to a non-Chinese entity by mid-January 2025
TikTok and ByteDance allege the law is unconstitutional as it stifles Americans’ speech and prevents them from accessing lawful information
The US government has taken the unprecedented step of expressly singling out and banning TikTok from app stores
No concrete evidence has been presented publicly showing Chinese government access of TikTok data to date
Accuracy
The lawsuit follows years of US allegations that TikTok’s ties to China could potentially expose Americans’ personal information to the Chinese government
TikTok strongly denies giving Chinese government officials access to US user data and has taken steps to protect that information by hosting it on servers owned by Oracle
